Opinion
Civil Action No. 12-cv-01539-REB-CBS
10-24-2013
CAROL A. GROVE, Plaintiff, v. KAREN MCGILL, JAMES MOORE, ALEX MEDINA, and ERIC ROSENFELDT, Defendants.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Adopting Recommendation of United States Magistrate Judge [#51] entered by Judge Robert E. Blackburn on October 23, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation that the Civil Action Be Dismissed [#50], filed September 16, 2013, is APPROVED and ADOPTED as an order of this court;
2. That Defendants' Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(b)(1) [#34], filed April 17, 2013, is GRANTED;
3. That plaintiff's First, Second, and Third Claims for Relief against defendants are DISMISSED pursuant to Fed. R. Civ. P. 12(b)(6) as follows:
a. That plaintiff's claims are DISMISSED WITH PREJUDICE to the extent they allege violations of the Fourth, Eighth, Ninth, and Fourteenth
Amendments;
b. That plaintiff's claims are DISMISSED WITHOUT PREJUDICE to the extent they allege violations of the First Amendment;
4. That plaintiff's Fourth and Fifth Claims for Relief against defendants are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(1);
5. That JUDGMENT IS ENTERED on behalf of defendants, Karen McGill, James Moore, Alex Medina, and Eric Rosenfeldt, and against plaintiff, Carol A. Grove, as to all claims and causes of action asserted herein; provided,
a. That the judgment as to plaintiff's First, Second, and Third Claims for Relief, to the extent such claims are based on alleged violations of the First Amendment, as well as the judgment as to plaintiff's Fourth and Fifth Claims for Relief, shall be without prejudice; and
b. That the judgment as to plaintiff's First, Second, and Third Claims for Relief, to the extent such claims are based on alleged violations of the Fourth, Eighth, Ninth, and Fourteenth Amendments, shall be with prejudice; and
6. That the 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 24th day of October 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: ________
Kathleen Finney
Deputy Clerk