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Hummel v. Arapahoe County

United States District Court, D. Colorado
Nov 1, 2005
Case No. 05-cv-00259-MSK-BNB (D. Colo. Nov. 1, 2005)

Opinion

Case No. 05-cv-00259-MSK-BNB.

November 1, 2005


ORDER TO DISMISS AND TO CLOSE CASE


THIS MATTER comes before the Court on the Plaintiff's motion (#38) asking the Court to dismiss his claims "upon Defendant's payment of filing fees and service fees." Having considered the motion and the response thereto, the Court

FINDS and CONCLUDES that:

The Plaintiff states that he has received all of the relief he requested in this action. He therefore seeks to dismiss his claims. However, he also asks for an order requiring the Defendant to pay his costs and filing fees.

The Defendant does not oppose dismissal, but it opposes the Plaintiff's request for an award of costs and fees. It requests that any dismissal be with prejudice.

Because the Plaintiff concedes that he has obtained the relief he sought, his claims are moot and must be dismissed. However, the Plaintiff has cited no legal authority to support his request for costs and filing fees. IT IS THEREFORE ORDERED that:

(1) The Plaintiff's claims are DISMISSED, with prejudice.

(2) Each party shall bear its own costs and attorney fees.

(3) The Clerk of Court is directed to close this case.


Summaries of

Hummel v. Arapahoe County

United States District Court, D. Colorado
Nov 1, 2005
Case No. 05-cv-00259-MSK-BNB (D. Colo. Nov. 1, 2005)
Case details for

Hummel v. Arapahoe County

Case Details

Full title:BRIAN J. HUMMEL, SR., Plaintiff, v. ARAPAHOE COUNTY, Defendant

Court:United States District Court, D. Colorado

Date published: Nov 1, 2005

Citations

Case No. 05-cv-00259-MSK-BNB (D. Colo. Nov. 1, 2005)