Opinion
Civil Action No. 12-cv-02685-REB-CBS
07-09-2013
STEPHAN DARRIS, Plaintiff, v. MCCALL, D/S, SCHAEFER, D/S, and STECKMAN, D/S, Defendants.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Overruling Objections to and Adopting Recommendation of the United States Magistrate Judge [#65] entered by Judge Robert E. Blackburn on July 8, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendants' Motion for Summary Judgment [#60], filed May 24, 2013, is APPROVED and ADOPTED as an order of this court;
2. That defendants' Motion To Dismiss or, Alternatively, for Summary Judgment [#20], filed December 3, 2012, is GRANTED to the extent it seeks dismissal for failure to exhaust administrative remedies;
3. That plaintiff's claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies;
4. That JUDGMENT IS ENTERED in favor of defendants, D/S McCall, D/S Schaefer (incorrectly identified in the caption as "D/S Schafer"), and D/S Steckman, against plaintiff, Stephan Darris, on all claims for relief and causes of action asserted in this action; and
5. That defendants 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.
DATED at Denver, Colorado, this 9th day of July, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ____________________
Edward P. Butler
Deputy Clerk