Wideman v. Colorado, State of et al

Filing 52

ORDER TO AMEND 38 JUDGMENT re: 51 USCA Mandate to conform to the directions of the Tenth Circuits Order by Judge Christine M. Arguello on 11/4/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00095-CMA-KMT EUGENE WIDEMAN, Plaintiff, v. STATE OF COLORADO, ROSLIN VIGNA, and DOUGLAS GLOVER, Defendants. ORDER TO AMEND JUDGMENT Pursuant to the Tenth Circuit Court of Appeals Order and Judgment (Doc. # 50), the Court hereby ORDERS that the Clerk's Office amend the Judgment (Doc. # 38) to conform to the directions of the Tenth Circuit's Order as follows: [W]e REMAND the case to the district court with directions to modify the judgment to be without prejudice as to: (1) claims three and four against all defendants as barred by the Rooker-Feldman doctrine . . . ; and (2) the claims against the State of Colorado and Judge Vigna as barred by the Eleventh Amendment . . . . IT IS FURTHER ORDERED that, if Defendant Douglas Glover seeks attorney fees, he shall have 14 days from the date of this Order within which to file a Motion for Attorney's Fees, together with supporting affidavits and documentation. Plaintiff

Wideman shall have 14 days from the filing date of such Motion for Attorney's Fees within which to file any objection or response he may have to the fees requested. DATED: November 04 , 2010 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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