Opinion
Civil Action No. 11-cv-01044-REB-CBS
05-31-2013
DEMETRIUS THOMAS, Plaintiff, v. NURSE PRACTITIONER BOYD, Defendant.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final Judgment is entered.
A. Pursuant to the Order Adopting Recommendation of the United States Magistrate Judge [#50] entered by Judge Robert E. Blackburn on February 28, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#48] filed January 20, 2012, is APPROVED and ADOPTED as an order of this court;
2. That the plaintiff's Unopposed Motion Pursuant to 18 U.S.C.A. § 3626(2) [#23] filed August 1, 2011, read as a motion for preliminary injunction, is DENIED;
3. That the defendants' Motion To Dismiss [#34] filed September 2, 2011, is DENIED as to the Eighth Amendment claim alleged against defendant, Nurse Practitioner Boyd, in Claim Three of the plaintiff's complaint [#9];
4. That otherwise, the defendants' Motion To Dismiss [#34] filed September 2, 2011, is GRANTED;
5. That all of the claims asserted against all named defendants are DISMISSED, except for the Eighth Amendment claim alleged against defendant, Nurse Practitioner Boyd, in Claim Three of the plaintiff's complaint [#9]; and
6. That defendants, Sgt. Johnson, Sgt. Schwartz, Officer Shriner, Officer Wikeum, Jane Doe, John Doe #1, and John Doe #2, are DROPPED from this case, and the caption shall be AMENDED accordingly.
B. Pursuant to the Order Adopting Recommendation of United States Magistrate Judge [#105] entered by Judge Robert E. Blackburn on May 29, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Recommendation of the United States Magistrate Judge [#104] filed March 25, 2013, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P.56, the Defendant's Motion for Summary Judgment [#93] filed November 21, 2012, is GRANTED;
3. That the plaintiff's amended complaint [#9] is DISMISSED with prejudice;
4. That JUDGMENT IS ENTERED in favor of defendant, Nurse Practitioner Boyd, against plaintiff, Demetrius Thomas, on all claims for relief and causes of action asserted in this case; and
5. That the defendant is AWARDED her costs to be taxed by the clerk of the court in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 31st day of May, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: _____________
Edward P. Butler
Deputy Clerk