Handy Jr. v. Douglas et al

Filing 161

MINUTE ORDER denying without prejudice as moot 158 Motion to Dismiss Plaintiff's Fourth Amended Complaint, by Magistrate Judge Michael E. Hegarty on 7/20/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01930-WYD-MEH
WYATT T. HANDY, JR.,
Plaintiff,
v.
TRACY DOUGLAS,
TAMERA COOPER,
GREG WILKINSON,
CAPTAIN FRANK, Shift Commander/Duty Officer,
BOBBY MAYES,
SHERWYN PHILLIP, and
TIFFANY DAVIS,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on July 20, 2015.
Before the Court is the CDOC Defendants’ Motion to Dismiss Plaintiff’s Fourth Amended
Complaint [filed July 19, 2015; docket #158]. On June 15, 2015, the Honorable Wiley Y. Daniel
granted Plaintiff leave to file a Fourth Amended Complaint that “adds Tiffany Davis as a Defendant
in this case.” Docket #127. The Fourth Amended Complaint was filed on July 2, 2015, which adds
Davis as a Defendant but makes no other substantive changes, particularly to those claims brought
against the CDOC Defendants. See docket #151. The CDOC Defendants here, likely in an
abundance of caution,1 filed nearly the same motion to dismiss as that filed on April 6, 2015 to
dismiss the Third Amended Complaint. Compare docket #74 with docket #158. However, because
a recommendation remains pending on the April 6, 2015 motion (docket #138), the Court will deny
the present (nearly identical) motion without prejudice as moot.

1

See Fed. R. Civ. P. 12(a).