Blue v. Skafettie

Full title: GREGORY BLUE, Plaintiff, v. FEDERAL POSTAL INSPECTOR SKAFETTIE, FEDERAL…

Court: United States District Court, D. Colorado

Date published: Sep 14, 2009

Civil Action No. 07-cv-01459-WYD-KMT (D. Colo. Sep. 14, 2009)

Opinion

Civil Action No. 07-cv-01459-WYD-KMT.

September 14, 2009

ORDER

KATHLEEN TAFOYA, Magistrate Judge

This matter is before the court on Defendant Police Officer D. Mork's "Motion for Summary Judgment" (Doc. No. 73, filed June 23, 2009).

In his Motion, Defendant Mork misinterprets the Recommendation of this court issued on February 9, 2009, and states that this court "issued a recommendation, inter alia, that Mr. Blue's Fifth Claim for Relief be dismissed as to all defendants." (Mot., ¶ 3.) On March 25, 2009, Chief District Judge Wiley Y. Daniel issued his Order Affirming and Adopting United States Magistrate Judge. (Doc. No. 66.) In the Recommendation, the court specifically recommended dismissal of Plaintiff's Claim Five as to all defendants in their individual capacities only. (Doc. No. 61 at 13.) Defendant Mork has failed to move for dismissal any claims asserted against him in his official capacity in Claim Five. Accordingly, it is

ORDERED that Defendant Mork may file a supplemental brief addressing claims asserted against him in his official capacity in Claim Five no later than September 25, 2009.