Strepka v. Alba et al

Filing 8

ORDER granting 7 Request to Lift the Stay and to Re-Open Case by Judge Lewis T. Babcock on 12/16/15.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-01444-LTB MARK ALAN STREPKA, Plaintiff, v. FRANCISCO L. ALBA (14016), Individually and in his Official Capacity as Police Officer, In and for the City and County of Denver, Colorado, JAIME S. DISBROW (98044), Individually and in her Official Capacity as Denver Police Department Detective, In and for the City and County of Denver, Colorado, and CHRISTOPHER G. PENNY (26210), Individually and in his Official Capacity as Chief Deputy District Attorney, In and for the 2nd Judicial District, City and County of Denver, Colorado, and for the State of Colorado, Defendants. ORDER On July 13, 2015, the Court entered a stay and administratively closed the action in accordance with Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 730 (1996), and Wallace v. Kato, 549 U.S. 384, 392-93 (2007). Plaintiff was directed to request that the stay be lifted within thirty days of the disposition of the state criminal charges against him if he desired to continue with this case. On December 10, 2015, Plaintiff filed a Request to Lift the Stay and to Re-Open Case, ECF No. 7. Because Plaintiff now has complied with the July 13 Order, the Court will lift the stay. Accordingly, it is ORDERED that Plaintiff=s Request, ECF No. 7, is granted and the stay is lifted in this case. It is 1 FURTHER ORDERED that the Clerk of the Court reopen this case and return the action to the Pro Se Docket for further initial review. It is FURTHER ORDERED that the Amended Complaint, which is a separate entry and not related to the Request, be entered on the Docket as an Amended Complaint. It is FURTHER ORDERED that the Clerk of the Court enter the four addendums, which Plaintiff filed with the Amended Complaint, as four separate attachments to the Amended Complaint. DATED December 16, 2015, at Denver, Colorado. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, Senior Judge United States District Court 2

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