Arocho v. Lappin et al

Filing 267

ORDER TO AMEND JUDGMENT. Final Judgment [# 242 ] is VACATED. The Clerk of the Court is DIRECTED to file an amended final judgment. Defendants' Motion for Summary Judgment and Memorandum Brief in Support Thereof [# 224 ] is GRANTED, by Judge Robert E. Blackburn on 04/06/2012. (wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 07-cv-02603-REB-KLM
NORBERTO PEREZ AROCHO,
Plaintiff,
v.
S. NAFZINGER, Clinical Director, and
HARLEY LAPPIN, Federal Bureau of Prison – Director,
Defendants.

ORDER TO AMEND JUDGMENT
Blackburn, J.
This matter is before me on remand from the United States Court of Appeals for
the Tenth Circuit. Pursuant to that court’s Mandate [#266],1 filed April 2, 2012, which is
informed by its earlier Order and Judgment [#265], filed February 9, 2012, this case
was remanded with directions to modify the dismissal of plaintiff’s claim against
defendant Lappin to a dismissal without prejudice. I enter to the following order to
implement that directive.
THEREFORE, IT IS ORDERED as follows:
1. That Final Judgment [#242], filed June 13, 2011, is VACATED; and
2. That the Clerk of the Court is DIRECTED to file an amended final judgment
that provides as follows:

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“[#266]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

a. That Defendants’ Motion for Summary Judgment and
Memorandum Brief in Support Thereof [#224] filed February 28, 2011, is GRANTED;
b. That plaintiff’s claims against defendant are DISMISSED as follows:
1. That plaintiff’s claim against defendant Lappin is
DISMISSED WITHOUT PREJUDICE;
2. That plaintiff’s claim against defendant Nafziger relating to
his recommendation that plaintiff be treated with a course of
Interferon/Ribavirin is DISMISSED WITH PREJUDICE; and
3. That plaintiff’s remaining claims against defendant
Nafziger are DISMISSED WITHOUT PREJUDICE;
c. That JUDGMENT IS ENTERED on behalf of defendant, Harley Lappin,
Federal Bureau of Prisons – Director, against plaintiff, Norberto Perez Arocho, as to all
claims for relief and causes of action asserted against this defendant herein; provided,
that the judgment as to these claims against this defendant shall be WITHOUT
PREJUDICE;
d. That JUDGMENT IS ENTERED on behalf of defendant, Steven Nafziger
(misnamed in the caption as “S. Nafzinger”), against plaintiff, Norberto Perez Arocho, as
to all claims for relief and causes of action asserted against this defendant herein;
provided, that the judgment as to the claim against this defendant relating to the
provision of Interferon/ Ribavirin shall be WITH PREJUDICE and the judgment as to all
other claims against this defendant shall be WITHOUT PREJUDICE; and

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e. That defendants are AWARDED their 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 April 6, 2012, at Denver, Colorado.
BY THE COURT:

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