Opinion
Civil Case No. 07-cv-02458-LTB-MEH.
May 27, 2008
ORDER
This case is before me on the Recommendation (Doc 61) of the Magistrate Judge that:
1. The Motion to Dismiss by Defendant Zavaros and McLaughlin (Doc 26) be granted as to Plaintiff's claims under the "Montez Remedial Agreement," Colorado Revised Statutes §§ 16-11-308(3) and (5) and the Fourth, Sixth and Eighth Amendments;
2. Plaintiff be granted leave to amend his complaint to state facts in support of his First and Fifth Amendment Claims against Defendants Zavaros and McLaughlin;
3. Defendant Roesink's Motion for Summary Judgment (Doc 30) be granted; and
4. Plaintiff's Amended Motion for Summary Judgment (Doc 38) be denied.
Plaintiff has filed written objections to the Magistrate Judge's recommendations (Doc 63) and (Doc 66). I have therefore reviewed the recommendations de novo in light of the file and record in this case. Defendants Zavaros and McLaughlin have filed no objections to the recommendations. On de novo review, I conclude that the recommendations are correct. Accordingly
IT IS ORDERED as follows: Defendants Zavaros' and McLaughlin's Motion to Dismiss (Doc 26) is GRANTED as to Plaintiff's claims under the "Montez Remedial Agreement," Colorado Revised Statutes §§ 16-11-308(3) and (5) and the Fourth, Sixth and Eighth Amendments.
IT IS FURTHER ORDERED that Plaintiff is granted leave to amend his complaint to state facts in support of his First and Fifth Amendment Claims against Defendants Zavaros and McLaughlin, the same to be filed within 20 days from the date of this order.
IT IS FURTHER ORDERED that Defendant Roesink's Motion for Summary Judgment (Doc 30) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's Amended Motion for Summary Judgment (Doc 38) is DENIED.