SUE v. MILYARD

Full title: SIMON E. SUE, Plaintiff, v. KEVIN MILYARD, individually, and in his…

Court: United States District Court, D. Colorado

Date published: Oct 19, 2009

Civil Case No. 07-cv-01711-REB-MJW (D. Colo. Oct. 19, 2009)

Opinion

Civil Case No. 07-cv-01711-REB-MJW.

October 19, 2009

ORDER GRANTING STIPULATED MOTION TO SUBSTITUTE THE COLORADO DEPARTMENT OF CORRECTIONS AS A DEFENDANT IN PLACE OF THE CURRENT NAMED DEFENDANTS

ROBERT BLACKBURN, District Judge

The matter before me is the Joint Stipulated Motion To Substitute The Colorado Department of Corrections as a Defendant in Place of the Current Named Defendants [#128] filed September 16, 2009. After careful review of the motion and the file, I conclude that the motion should be granted and that The Colorado Department of Corrections should be substituted for the defendants now named in this civil action.

THEREFORE, IT IS ORDERED as follows:

1. That the Joint Stipulated Motion To Substitute The Colorado Department of Corrections as a Defendant in Place of the Current Named Defendants [#128] filed September 16, 2009, is GRANTED;

2. That The Colorado Department of Corrections is SUBSTITUTED for the defendants now named in this civil action;

3. That the claims for relief against defendants, Milyard, Waide, Little, Higgins, Bartruff, Cox-Bergman, Wildenstein and Nelson, are DISMISSED WITH PREJUDICE; and

4. That defendants, Milyard, Waide, Little, Higgins, Bartruff, Cox-Bergman, Wildenstein and Nelson, are DROPPED as named parties to this litigation, and the case caption is amended accordingly.