Opinion
Civil Case No. 10-cv-00756-REB-KLM
10-11-2012
Judge Robert E. Blackburn
ORDER FOR AMENDED FINAL JUDGMENT
Blackburn, J.
This matter is before me on the Order and Judgment of the United States Court of Appeals for the Tenth Circuit, docketed in this case as [#95] and filed October 10, 2012. In the Order and Judgment [#95], the court of appeals directs that the dismissal in this case be modified to dismiss this case without prejudice for failure to exhaust administrative remedies, rather than with prejudice.
"[#95]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Clerk of the Court SHALL ISSUE an Amended Final Judgment in this case;
2. That at paragraph B. 2. on page two, the Amended Final Judgment SHALL PROVIDE that this case is dismissed without prejudice for failure to exhaust administrative remedies;
3. That otherwise, the Amended Final Judgement SHALL CONTAIN the same terms as the Final Judgment [#78] entered in this case on February 28, 2012.
Dated October 11, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge