Meadows v. Knight

Full title: MEADOWS v. KNIGHT

Court: United States District Court, D. Colorado

Date published: Dec 12, 2011

Civil Action No. 11-cv-00015-PAB-BNB (D. Colo. Dec. 12, 2011)

Opinion

Civil Action No. 11-cv-00015-PAB-BNB.

December 12, 2011.

ORDER

Boyd N. Boland, United States Magistrate Judge.

This matter arises on the defendant's Motion to Dismiss [Doc. #7, filed 03/28/2011].

The plaintiff filed his Complaint on January 4, 2011. The Complaint asserts one claim for violation of the plaintiff's Eighth Amendment rights. The defendant filed a motion to dismiss the claim on March 28, 2011, arguing that the Complaint fails to state a claim for relief. On November 23, 2011, she filed a motion for summary judgment [Doc. #25], making the same arguments as those in the motion to dismiss, but supported by evidence. As a matter of judicial economy, the arguments will be addressed in connection with the defendant's motion for summary judgment.

IT IS ORDERED that the Motion to Dismiss [Doc. #7] is DENIED without prejudice as moot.