Chapman v. State of Colorado et al

Filing 21

ORDER Denying 19 motion to file a second amended complaint. The plaintiff will respond to the motion to dismiss by October 5, 2015, by Judge Richard P. Matsch on 9/24/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 15-cv-01171-RPM
DAN CHAPMAN,
Plaintiff,
v.
STATE OF COLORADO,
COLORADO DEPARTMENT OF CORRECTI0NS,
DENVER RECEPTION AND DIAGNOSTIC CENTER,
COLORADO TERRITORIAL FACILITY and
DELTA CORRECTIONAL FACILITY,

Defendants.
____________________________________________________________________________
ORDER DENYING MOTION TO FILE SECOND AMENDED COMPLAINT
____________________________________________________________________________

The defendants named in the amended complaint [Doc. 11] filed a motion to
dismiss on July 22, 2015. That motion asserts both a lack of jurisdiction under Rule
12(b)(1) and failure to state a claim under Rule 12(b)(6). The plaintiff has been granted
motions for extension of time to respond up to the date of September 23, 2015. On
that date the plaintiff filed a motion to file a second amended complaint and another
request to defer response to the motion to dismiss. There is no indication that the
suggested second amended complaint would cure the defects asserted in the motion to
dismiss. It is
ORDERED that the motion to file a second amended complaint is denied and the
plaintiff will respond to the motion to dismiss by October 5, 2015.

DATED: September 24th, 2015
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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