Opinion
Civil Action No. 13-cv-01456-PAB-MJW
04-11-2014
PIERRE TERRON O'NEAL WATSON, Plaintiff, v. T.K. COZZA-RHODES, Warden, DAN CLARK, Lieutenant, ED VINCENT, Counselor, JEFF GEORGE, Disciplinary Hearing Officer, and MIRANDA AVALOS, Lieutenant, Defendants.
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order Accepting Magistrate Judge's Recommendation [Docket No. 43] of Judge Philip A. Brimmer entered on April 10, 2014, it is
ORDERED that the Recommendation of United States Magistrate Judge Michael J. Watanabe [Docket No. 39] is ACCEPTED. It is further
ORDERED that Defendants George, Cozza-Rhodes and Avalos's Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies [Docket No. 33] is GRANTED and the claims against defendants JEFF GEORGE, T.K. COZZA-RHODES, and MIRANDA AVALOS are dismissed without prejudice. It is further
ORDERED that the claims against unserved defendants DAN CLARK and ED VINCENT are dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2) on the basis of failure to exhaust administrative remedies. It is further
ORDERED that judgment is hereby entered in favor of the defendants and against the plaintiff. It is further
ORDERED that defendants T.K. COZZA-RHODES, DAN CLARK, ED VINCENT, JEFF GEORGE, and MIRANDA AVALOS are AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. It is further
ORDERED that this case is CLOSED.
Dated at Denver, Colorado this 11th day of April, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: __________
Kathy Preuitt-Parks
Deputy Clerk