Catman v. Brill

Filing 78

ORDER ACCEPTED 73 Report and Recommendations; granting in part and denying in part 49 Motion to Dismiss; The motion is granted with respect to Plaintiffs Fourteenth Amendment equal protection claim and dismissing such claim with prejudice against Defendant. The Motion is denied with respect to the Eighth Amendment claim. by Judge Lewis T. Babcock on 4/6/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-01770-LTB-MEH NORMAN CATMAN, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA (C.C.A.), and JOHN AND JANE DOES #1 - #15, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge issued and served on March 11, 2009 (Doc 73). Neither the Plaintiff nor the Defendants have filed specific written objections to the Magistrate Judge's recommendation and are therefore barred from de novo review. Accordingly, it is ORDERED that the recommendation is accepted and Defendant Corrections Corporation of America's Motion to Dismiss (Doc 49) is GRANTED IN PART AND DENIED IN PART as follows: The motion is granted with respect to Plaintiff's Fourteenth

Amendment equal protection claim and dismissing such claim with prejudice against Defendant. The Motion is denied with respect to the Eighth Amendment claim. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: April 6, 2009