Bastedenbeck v. Colorado Department of Corrections et al

Filing 98

ORDER. The Motion for Summary Judgment 63 is GRANTED. the claim against Defendant O'Rourke is dismissed based on Plaintiffs failure to exhaust her administrative remedies. Counsel shall file a status report on or before 12/28/2010 regarding Defendant Martinez. By Judge Lewis T. Babcock on 12/14/2010. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-01841-LTB-BNB SHANNON BASTEDENBECK, Plaintiff, v. ARISTEDESS W. ZAVARAS, GARY GOLDER, LARRY REID, JAMES E. ABBOTT, KENNETH MARTINEZ, JOHN O'ROURKE, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge that the Motion of Defendants Zavaras, Golder, Reid, and Abbott for Summary Judgment (Doc 63) be granted. The Magistrate Judge also recommends that the claim against Defendant O'Rourke be dismissed based on the Plaintiff's failure to exhaust her administrative remedies. Plaintiff, through counsel, has filed her specific written objections to the Defendants have filed their response to the Magistrate Judge's recommendations. Plaintiff's objections. I have therefore reviewed the recommendations de novo in light of the file and record in this case. On de novo review, I conclude that the recommendations are correct. Accordingly The Motion for Summary Judgment (Doc 63) is GRANTED. IT IS FURTHER ORDERED that the claim against Defendant O'Rourke is dismissed based on Plaintiff's failure to exhaust her administrative remedies. IT IS FURTHER ORDERED that counsel shall file a status report on or before December 28, 2010 regarding Defendant Martinez. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: December 14, 2010

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