Howard v. Milyard

Full title: SCOTT L. HOWARD, Plaintiff, v. KEVIN MILYARD, et al., Defendants

Court: United States District Court, D. Colorado

Date published: Oct 4, 2006

Civil Action No. 06-cv-00282-EWN-CBS (D. Colo. Oct. 4, 2006)

Opinion

Civil Action No. 06-cv-00282-EWN-CBS.

October 4, 2006

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Plaintiff Howard's "Motion to Dismiss Claims Against Each Defendant in His/Her Official Capacity" (filed September 7, 2006) (doc. # 85). Pursuant to the Order of Reference dated June 30, 2005 and the memorandum dated September 7, 2005 (doc. # 87), the Motion was referred to the Magistrate Judge. The court has reviewed the pending Motion, the entire case file, and the applicable law and is sufficiently advised in the premises.

Howard seeks to clarify that he "does not now, nor will he ever, seek injunctive relief in this matter" and that "the defendants are only sued in their individual capacities." ( See Motion at ¶¶ 2, 4). Howard's Motion may properly be treated as a clarification of his First Amended Complaint (doc. # 44). Accordingly,

IT IS ORDERED that Plaintiff Howard's "Motion to Dismiss Claims Against Each Defendant in His/Her Official Capacity" (filed September 7, 2006) (doc. # 85) shall be treated as a clarification of his First Amended Complaint (doc. # 44) and is GRANTED.