Whitington v. Lawson

Full title: MICHAEL WHITINGTON, Plaintiff, v. DON LAWSON, AL ESTEP, SGT. HARDING, SGT…

Court: United States District Court, D. Colorado

Date published: May 5, 2009

Civil Action No. 06-cv-00759-LTB-CBS (D. Colo. May. 5, 2009)

Opinion

Civil Action No. 06-cv-00759-LTB-CBS.

May 5, 2009

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Mr. Whitington's "Motion to Amend the Plaintiff's Prisoner Complaint" (filed May 1, 2009) (doc. # 173). Pursuant to the Order of Reference dated February 7, 2007 (doc. # 44) and the memorandum dated May 4, 2009 (doc. # 177), this matter was referred to the Magistrate Judge. The court has reviewed the matter, Defendants' Response (filed May 4, 2009) (doc. # 178), the entire case file, and the applicable law and is sufficiently advised in the premises. Defendants indicate that "they do not oppose Plaintiff's Motion to Amend provided Defendants can file a single responsive pleading to the latest Amended Complaint . . . within ten days. . . ." ( See doc. # 178). Accordingly, IT IS ORDERED that:

1. Mr. Whitington's "Motion to Amend the Plaintiff's Prisoner Complaint" (filed May 1, 2009) (doc. # 173) is GRANTED.

2. Mr. Whitington's Third Amended Complaint (doc. # 173-2) is accepted for filing as of the date of this Order.

3. Defendants may answer or otherwise respond to the Third Amended Complaint on or before May 15, 2009.

4. The deadline for amendment of the pleadings having expired on April 30, 2009 ( see Courtroom Minutes/Minute Order (doc. # 166)), no further amendments will be permitted.