Free Order on Motion to Dismiss Party - District Court of Colorado - Colorado

Case 1:04-cv-01107-REB-CBS

Document 45

Filed 02/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-cv-01107-REB-CBS ELIZABETH MEDINA, individually as mother of and as personal representative of the estate of LUCAS de HERRERA, and MARGARITO de HERRERA, individually as father of LUCAS de HERRERA, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities, SHERIFF DAVID STONG, in his official capacity, UNDERSHERIFF JOHN BIANCA, in his individual capacity, SGT. RON GOODMAN, in his individual capacity, FORMER DEPUTY RICK MARTINEZ, in his individual capacity, DEPUTY LISA BENEVIDEZ, in her individual capacity, and CORPORAL GARY THOMAS, in his individual capacity, Defendants.

ORDER OF DISMISSAL AS TO DEFENDANT RICK MARTINEZ Blackburn, J. On February 9, 2006, the parties filed a Joint Motion to Dismiss Defendant Rick Martinez With Prejudice [#44]. After careful review of the motion and the file, the court has concluded that the motion should be granted and that plaintiff' claims s against defendant Rick Martinez should be dismissed. THEREFORE, IT IS ORDERED as follows: 1. That the Joint Motion to Dismiss Defendant Rick Martinez With Prejudice [#44], is GRANTED;

Case 1:04-cv-01107-REB-CBS

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Filed 02/10/2006

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2. That plaintiff' claims against defendant Rick Martinez are DISMISSED WITH s PREJUDICE with the parties to pay their own attorney fees and costs; and 3. That defendant, " Former Deputy Rick Martinez,"is DROPPED as a named

party to this action, and the case caption is amended accordingly. Dated February 10, 2006, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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