Opinion
Civil Action No. 12-cv-01191-REB-BNB
04-09-2013
ROBERT BLACKMAN, Plaintiff, v. DAN CLARK, Lieutenant, ADX Florence, Colorado, Defendant.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, the following Final Judgment is entered.
A. Pursuant to the Order To Dismiss in Part and Assigning Case [#5] entered by Senior Judge Lewis T. Babcock on July 5, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendants Davis and Duling are DISMISSED as parties to this action; and
2. That Defendant Blackman's claims asserting a deprivation of his Fifth Amendment due process rights, his Eighth Amendment right to humane conditions of confinement, his constitutional right of access to the courts, and his retaliation claim (against Defendant Davis and Duling), are DISMISSED as legally frivolous pursuant to § 1915A(b)(1).
B. Pursuant to the Order Adopting Recommendation of the United States Magistrate Judge [#26] entered by Judge Robert E. Blackburn on April 4, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendant's Motion for Summary Judgment for Failure to Exhaust Administrative Remedies [#19], filed November 7, 2012, is GRANTED;
2. That plaintiff's sole remaining claim for retaliation is DISMISSED WITH PREJUDICE; and
3. That JUDGMENT IS ENTERED on behalf of defendant, Dan Clark, Lieutenant, ADX Florence, Colorado, against plaintiff, Robert Blackman, as to plaintiff's sole remaining claim for retaliation; provided, that the JUDGMENT as to this claim IS WITH PREJUDICE.
DATED at Denver, Colorado, this 9th day of April, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ____________________________
Edward P. Butler
Deputy Clerk