Mercado et al v. Board of Commissioners, County of Weld, State of Colorado, et al.

Filing 35

ORDER granting 34 Motion to Dismiss. This matter is dismissed in its entirety without prejudice, except for Plaintiffs Fifth Claim for Relief, 42 U.S.C. § 1983 Violation of Jose Mercado-Novas Constitutional Civil Rights Resulting in Death, which is dismissed with prejudice, by Magistrate Judge Kathleen M. Tafoya on 9/1/2017. (jgonz, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 17–cv–01274–KMT
CLAUDIA A. MERCADO,
GLORIA Y. MERCADO,
JAMES MERCADO,
JOE ANTHONY MERCADO, surviving heirs of JOSE MERCADO-NOVA deceased, and
THE ESTATE OF JOSE MERCADO-NOVA, Claudia A. Mercado Personal Representative,
Plaintiffs,
v.
WELD COUNTY BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY SHERIFF, and
TIMOTHY J. BOXLEY, individually,
Defendants.

ORDER

This matter is before the court on Plaintiffs’ “Unopposed Motion to Dismiss.” (Doc. No.
34.) Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs’ Motion to Dismiss is GRANTED and this
matter is dismissed in its entirety without prejudice, except for Plaintiffs’ Fifth Claim for
Relief, “42 U.S.C. § 1983 – Violation of Jose Mercado-Nova’s Constitutional Civil Rights
Resulting in Death,” which is dismissed with prejudice.
It is further ordered that each party shall bear their own costs and attorney fees as to
Plaintiff’s Fifth Claim for Relief.
Dated this 1st day of September, 2017.

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