Burke v. Garfield County Sheriff's Department et al

Filing 77

ORDER. Pursuant to the 76 USCA Mandate, this matter is DISMISSED WITHOUT PREJUDICE. By Judge Lewis T. Babcock on 08/18/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-00140-LTB-MEH ADAM BURKE, Plaintiff, v. GARFIELD COUNTY SHERIFF'S DEPARTMENT; and LOU VALLARIO, Sheriff of Garfield County Sheriff's Department, in his official capacity; and SCOTT DAWSON, a Commander in the Garfield County Sheriff's Department, in his official capacity, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Upon Mandate from the Tenth Circuit Court of Appeals issued on June 2, 2010. In its opinion issued May 11, 2010, the Tenth Circuit concluded: "The judgment of the district court dismissing the action is AFFIRMED, but the case is REMANDED with directions to clarify the nature of the dismissal [viz. without prejudice] in accordance with the principles expressed herein." Accordingly and pursuant to the mandate IT IS ORDERED that this matter is DISMISSED WITHOUT PREJUDICE. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE DATED: August 18, 2010