Rogers v. Zavares et al

Filing 137

ORDER denying as moot the 104 Report and Recommendation on Plaintiff's Emergency Motion for Protection from Defendants, as that motion has been withdrawn, by Chief Judge Wiley Y. Daniel on 10/16/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-02821-WYD-MJW ROBERT R. ROGERS, Plaintiff, v. TANIA GARCIA, individually and as the Drug and Alcohol Therapeutic Community Coordinator at the Colorado Department of Corrections; ART DUCHARME, individually and as a contract drug and alcohol therapist with the Colorado Department of Corrections; and DANA M. BUSTOS, individually and as the Director of Alcohol and Drug Services at the Colorado Department of Corrections. Defendants. ORDER THIS MATTER is before the Court on the Recommendation on Plaintiff's Emergency Motion for Protection from Defendants (Docket No. 43) filed August 7, 2009. Magistrate Judge Watanabe recommends therein that the motion be denied. No response was filed to the Recommendation. However, on September 28, 2009, Plaintiff filed an unopposed motion to withdraw his emergency motion, which was granted by Minute Order of September 30, 2009. Since the Emergency Motion for Protection from Defendants has now been withdrawn, it is ORDERED that the Recommendation on Plaintiff's Emergency Motion for Protection from Defendants (Doc. # 104) is DENIED AS MOOT.

Dated: October 16, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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