Kumferman v. Colvin

Filing 46

ORDER DISMISSING CASE granting 45 Plaintiff's Motion To Dismiss Without Prejudice. All pending briefing deadlines are vacated. This action is dismissed without prejudice. By Judge Robert E. Blackburn on 10/27/2015. (mlace, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 14-cv-01681-REB LOUIS W. KUMFERMAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER OF DISMISSAL WITHOUT PREJUDICE Blackburn, J. The matter before me is Plaintiff’s Motion To Dismiss Without Prejudice [#45],1 filed October 27, 2015. By this motion, counsel advises the court of plaintiff Mr. Kumferman’s recent death. As there is no survivor who might be substituted as the party plaintiff to prosecute plaintiff’s claims, counsel moves to dismiss the appeal without prejudice. The motion is unopposed. Having considered the motion, the court finds and concludes that the motion is well-taken and should be granted. THEREFORE, IT IS ORDERED as follows: 1. That Plaintiff’s Motion To Dismiss Without Prejudice [#45], filed October 27, 2015, is granted; 2. That all pending briefing deadlines are vacated; and 1 “[#45]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 3. That this action is dismissed without prejudice. Dated October 27, 2015, at Denver, Colorado. BY THE COURT: 2

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