Opinion
Civil Action No. 13-cv-00831-REB-KLM
12-04-2013
DELAREE ROSS, a/k/a Delise Ross, Plaintiff, v. DAVID GALLEGOS, Aurora P.O., Defendant.
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 [#27] entered by Judge Robert E. Blackburn on December 3, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Recommendation of United States Magistrate Judge [#25], filed November 14, 2013, is APPROVED and ADOPTED as an order of this court in relevant part as follows;
a. That the recommendation is APPROVED and ADOPTED on the substantive grounds suggested for its recommendation that defendant's motion to dismiss be granted; and
b. That the recommendation is, respectfully, REJECTED to the extent it recommends that plaintiff's claims be dismissed without prejudice, based
on plaintiff's more recent concession that she has sued the wrong defendant;
2. That Defendant's Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [#20], filed is August 21, 2013, is GRANTED;
3. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE;
4. That JUDGMENT IS ENTERED in favor of defendant, David Gallegos, Aurora P.O., against plaintiff, Delaree Ross, a/k/a Delise Ross, on all claims for relief and causes of action; and
5. That the defendant is AWARDED his 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 4th day of December, 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: ____________
Kathleen Finney
Deputy Clerk