Rubins v. Plummer
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge DUBOFSKY.
Plaintiff, Douglas Rubins, appeals the dismissal of his complaint. We reverse and remand with directions.
On July 12, 1989, plaintiff filed suit against the clerk of the Fremont County Combined Courts, alleging that the clerk had violated 42 U.S.C. § 1985(2) (1988) and the Civil Rights Act of 1871, 42 U.S.C. § 1985(3) (1988) by refusing to process plaintiffs motion for a preliminary injunction and restraining order. The clerk filed no responsive pleading; thus, the allegations of the complaint stood admitted. C.R.C.P. 8(d).
On August 15, 1989, the trial court ex parte…
Also in this document: Concurrence.
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