Allen v. Zavaras et al

Filing 157

ORDER. The two Recommendations dated 11/12/2009 85 and 86 are accepted and adopted in their entirety. The State Defendants Zavaras And The Colorado Department Of Corrections Motion To Dismiss The Complaint 21 03/18/2009 is granted in part and denied in part. The Motion To Dismiss From Defendants Hassenfritz And Corrections Corporation Of America 34 04/21/2009 is granted. the Request For Certificat [sic] Of Class 47 05/22/2009 is denied. Defendants J. Hassenfritz, Ms. Graham, Colorado Department of Corrections, and Corrections Corporation of America are dismissed. By Judge Zita L. Weinshienk on 06/28/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 08-cv-02506-ZLW-BNB EDWARD ALLEN, Plaintiff, v. ARISTEDES ZAVARAS, J. HASSENFRITZ, MS. GRAHAM, COLORADO DEPARTMENT OF CORRECTIONS, and CORRECTIONS CORPORATION OF AMERICA, Defendants. ORDER The matters before the Court are the State Defendants Zavaras And The Colorado Department Of Corrections' Motion To Dismiss The Complaint (Doc. No. 21), the Motion To Dismiss From Defendants Hassenfritz And Corrections Corporation Of America (Doc. No. 34), and the Request For Certificat [sic] Of Class (Doc. No. 47). Pursuant to this Court's Order dated January 14, 2009 (Doc. No. 13), all dispositive motions are referred to Magistrate Judge Boyd N. Boland.1 On November 12, 2009, Magistrate Judge Boland issued Recommendations that the motions to dismiss be 1 See D.C.COLO.LCivR 72.1; 28 U.S.C. 636(b)(1)(A). granted in part and denied in part,2 and the request for class certification be denied.3 Plaintiff timely filed objections on November 30, 2009.4 Plaintiff's motions and objections have been liberally construed because he is pro se.5 The Court has reviewed Plaintiff's objections, Defendants' responses, the Magistrate Judge's Recommendation, and the original motions, responses, and replies. As required by 28 U.S.C. 636(b)(1)(C) and Fed. R. Civ. P. 72(b)(3), the Court has reviewed de novo the portions of the Recommendations to which Plaintiff objected. The Court overrules these objections and adopts the Recommendations in their entirety. Accordingly, it is ORDERED that the two Recommendations dated November 12, 2009 (Doc. Nos. 85 & 86) are accepted and adopted in their entirety. It is FURTHER ORDERED that the State Defendants Zavaras And The Colorado Department Of Corrections' Motion To Dismiss The Complaint (Doc. No. 21; Mar. 18, 2009) is granted in part and denied in part. It is FURTHER ORDERED that the Motion To Dismiss From Defendants Hassenfritz And Corrections Corporation Of America (Doc. No. 34; Apr. 21, 2009) is granted. It is FURTHER ORDERED that the Request For Certificat [sic] Of Class (Doc. No. 47; May 22, 2009) is denied. It is 2 Recommendation Of United States Magistrate Judge (Doc. No. 85; Nov. 12, 2009). Recommendation Of United States Magistrate Judge (Doc. No. 86; Nov. 12, 2009). Doc. No. 93. See Trackwell v. United States, 472 F.3d 1242, 1243 (10th Cir. 2007). 2 3 4 5 FURTHER ORDERED that Defendants J. Hassenfritz, Ms. Graham, Colorado Department of Corrections, and Corrections Corporation of America are dismissed. DATED at Denver, Colorado, this 28th day of June, 2010. BY THE COURT: _____________________________________ ZITA LEESON WEINSHIENK, Senior Judge United States District Court 3

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