Valdez v. Derrick, III et al

Filing 12

ORDER Upon consideration of the Defendants' Partial Motion to Dismiss 8 , plaintiff's response 9 and plaintiff's Notice of Filing of Amended Complaint 10 . Defendants' Partial Motion to Dismiss is denied as moot. Plaintiff shall file a "clean" Amended Complaint on or before July 27, 2015, by Judge Richard P. Matsch on 7/21/15.(ktera, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 15-cv-00109-RPM MICHAEL VALDEZ, Plaintiff, v. PETER DERRICK III, Denver Police Officer, in his individual and in his official capacities; JOHN MCDONALD, Denver Police Officer, in his individual and in his official capacities; ROBERT MOTYKA, JR., Denver Police Officer, in his individual and in his official capacities; JEFF MOTZ, Denver Police Officer, in his individual and in his official capacities; KARL ROLLER, Denver Police Officer, in his individual and in his official capacities; and CITY OF DENVER, Defendants. _________________________________________________________________________ ORDER DENYING DEFENDANTS’ PARTIAL MOTION TO DISMISS AS MOOT _________________________________________________________________________ Upon consideration of the Defendants’ Partial Motion to Dismiss [Doc. 8], plaintiff’s response [Doc. 9] and plaintiff’s Notice of Filing of Amended Complaint [Doc. 10], it is ORDERED that Defendants’ Partial Motion to Dismiss is denied as moot. It is FURTHER ORDERED that plaintiff shall file a “clean” Amended Complaint on or before July 27, 2015. DATED: July 21st, 2015 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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