Opinion
Civil Action No. 10-cv-00756-REB-KLM
10-12-2012
STEVEN R. WILSON, Plaintiff, v. LT. RYAN BEZONA, CMC ACC SGT. MATHIS, and CMC ACC CO-I WAGNER, Defendants.
AMENDED FINAL JUDGMENT
Amended to comply with the Order for Amended Final Judgment [#96] filed October 11, 2012.
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Amended Final Judgment is entered.
A. Pursuant to the Order To Dismiss in Part and To Draw Case to a District Judge and Magistrate Judge [#19] entered by Judge Christine M. Arguello for Senior Judge Zita L. Weinshienk on August 18, 2010, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the complaint is DISMISSED IN PART and drawn in part;
2. That the claims asserted against Defendants Governor Bill Ritter, Aristedes W. Zavaras, and Rae Tamme are DISMISSED as legally frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B);
3. That Defendants Governor Bill Ritter, Aristedes W. Zavaras, and Rae Tamme are DISMISSED as parties, and the Clerk of the Court is directed to remove their names from this action.
B. Pursuant to the Order Adopting Recommendation of the United States Magistrate Judge [#76] entered by Judge Robert E. Blackburn on February 27, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the defendants' Motion for Summary Judgment [#50] filed April 15, 2011, is GRANTED;
2. That this case is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies;
3. That JUDGMENT IS ENTERED in favor of the defendants, Lt. Ryan Bezona, CMC ACC Sgt. Mathis, and CMC ACC CO-I Wagner, against the plaintiff, Steven R. Wilson; and
4. That the defendants are AWARDED their costs, to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 12th day of October, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, Clerk
By: ________
Edward P. Butler
Deputy Clerk