Huber v. Roberts et al

Filing 54

ORDER ACCEPTS AND ADOPTS 50 Report and Recommendations in its entirety. granting 34 Defendant's Motion for Summary Judgment; It is FURTHER ORDERED that the Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorneys fees. It is FURTHER ORDERED that a separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). by Judge Zita L. Weinshienk on 4/23/09.(erv, ) (Modified on 4/28/2009 corrected file date to 4/23/09)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 07-cv-00681-ZLW-KMT MICHAEL T. HUBER, Plaintiff, v. DICK ROBERTS, Casemanager, KRISTINA IRELAND, Accounts, and T. FLUHARTY, Inmate Banking, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL _____________________________________________________________________ The matter before the Court is Defendants' Motion For Summary Judgment (Doc. No. 34). This motion was referred to Magistrate Judge Kathleen M. Tafoya pursuant to D.C.COLO.LCivR 72.1C. On February 25, 2009, the Magistrate Judge issued her Recommendation that Defendants' Motion For Summary Judgment be granted. No party filed objections to the Recommendation. As required by 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the Court has reviewed de novo the Recommendation and accepts and adopts the Recommendation in its entirety. Accordingly, it is, it is

ORDERED that Defendants' Motion For Summary Judgment (Doc. No. 34) is granted. It is FURTHER ORDERED that the Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorney's fees. It is FURTHER ORDERED that a separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). DATED at Denver, Colorado, this 23rd day of April, 2009. BY THE COURT:

_____________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

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