Opinion
Civil Action No. 12-cv-02362-REB-KLM
09-12-2012
RAYMOND MONTOYA, Plaintiff, v. BRUCE NEWMAN, in his official capacity as the Sheriff of Huerfano County Jail, LARRY GARBISO, DOE #1-2, detention officer at Huerfano County Jail, DOE #1-2, medical staff member at Huerfano County Jail, and DR. NEECE, Defendants.
Judge Robert E. Blackburn
MINUTE ORDER
This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado.
The following motions are before the court for consideration: (1) defendants Newman and Garbiso's (county defendants) Unopposed Motion For Leave To Amend Partial Motion To Dismiss [#14] filed September 10, 2012; and (2) plaintiff's Motion For Extension of Time To Respond To Defendants' Amended Motion To Dismiss [#15] filed September 10, 2012. After reviewing both motions and the record, the court has concluded that the motions should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That county defendants' Unopposed Motion For Leave To Amend Partial Motion To Dismiss [#14] filed September 10, 2012, is GRANTED;
2. That county defendants are granted leave to amend their partial motion to dismiss for the purpose of including the FED. R. CIV. P. 12(b)((6) standard;
3. That county defendants' Amended Partial Motion To Dismiss [#14-2] is accepted for filing.
4. That plaintiff's Motion For Extension of Time To Respond To Defendants' Amended Motion To Dismiss [#15] filed September 10, 2012, is GRANTED; and
5. That plaintiff shall have until October 3, 2012, in which to file a response to defendant's amended partial motion to dismiss.