Opinion
Civil Action No. 12-cv-02304-REB-MJW
10-29-2012
KALI JEMMA BAKER, Plaintiff, v. RYAN O'HAYRE, in his individual and official capcity, Defendant.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matter before me is the Stipulated Motion To Voluntarily Dismiss the City of Lakewood and Amend The Case Caption [#15] filed October 26, 2012. After reviewing the motion and the record, I conclude that the motion should be granted and that plaintiff's claims defendant Ryan O'Hayre, in his official capacity, should be dismissed without prejudice.
"[#15]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion To Voluntarily Dismiss the City of Lakewood and Amend The Case Caption [#15] filed October 26, 2012, is GRANTED;
2. That plaintiff's claims against defendant Ryan O'Hayre, in his official capacity, are DISMISSED WITHOUT PREJUDICE;
3. That the caption is AMENDED to name the defendant as "Ryan O'Hayre, in his individual capacity;" and
4. That Defendant Ryan O'Hayre's Partial Motion To Dismiss Plaintiff's Complaint (ECF No. 1) Pursuant to FED. R. CIV. P. 12(b)(6) [#13] filed October 9, 2012, is DENIED as moot.
Dated October 29, 2012, at Denver, Colorado.
BY THE COURT:
__________________
Robert E. Blackburn
United States District Judge