Antelope v. Bureau of Prisons et al

Filing 119

ORDER. Defendants Partial Motion to Dismiss Pursuant to Fed. R. Civ.P. 12(b)(5) 93 is GRANTED. Defendants Wilner, Polland, and Bonfiglio are dismissed from this action. Any claim in Plaintiffs Second Amended Complaint exceeding the scope of the District Courts February 25, 2009 Order are dismissed without prejudice. By Judge Lewis T. Babcock on 08/17/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-00649-LTB-MEH DAVID EARL ANTELOPE, Plaintiff, v. UNITED STATES OF AMERICA, J.M. WILNER, DR. POLLAND, DR. KELLAR, and SUSAN BONFIGLIO, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge on Defendants' Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc 93). The Recommendation was issued and served on July 20, 2009 (Doc 114). Plaintiff filed his Objection (Doc 115 - filed July 29, 2009) and Defendants filed their Response (Doc 118 filed August 11, 2009). I therefore consider the recommendation de novo in light of the file and record in this case. On de novo review, I conclude that the Magistrate Judge's recommendation is correct. Accordingly, IT IS ORDERED that Defendants' Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) (Doc 93) is GRANTED. Defendants Wilner, Polland, and Bonfiglio are

dismissed from this action. Any claim in Plaintiff's Second Amended Complaint exceeding the scope of the District Court's February 25, 2009 Order are dismissed without prejudice. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: August 17, 2009

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