Fugate v. Zavaras et al

Filing 56

ORDER. Defendants Motion To Dismiss 22 is granted. Plaintiffs Motion For Summary Judgment Or Default Entry According To Rule 55 47 is denied. The Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorneys fees. A separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). The case caption is amended to properly spell Defendant Adkins first name (Rebecca). By Judge Zita L. Weinshienk on 02/17/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 09-cv-00907-ZLW-KMT GARY H. FUGATE, Plaintiff, v. KEVIN ESTEP - in his official and individual capacity, EMILY BOND - in her official and individual capacity, BRET YOUNGBLOOD - in his official and individual capacity, REBECCA ADKINS - in her official and individual capacity, STACY SMITH - in her official and individual capacity, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL _____________________________________________________________________ The matter before the Court is Defendants' Motion To Dismiss (Doc. No. 22) and Plaintiff's Motion For Summary Judgment Or Default Entry According To Rule 55 (Doc. No. 47) (Motion For Summary Judgment). These motions were referred to Magistrate Judge Kathleen M. Tafoya pursuant to D.C.COLO.LCivR 72.1C. On January 26, 2010, the Magistrate Judge issued her Recommendation that Defendants' Motion To Dismiss be granted and that Plaintiff's Motion For Summary Judgment be denied. No party filed objections to the Recommendation.

Having reviewed the record and the Recommendation, the Court is satisfied "that there is no clear error on the face of the record."1 Accordingly, the Court accepts and adopts the Recommendation in its entirety, and it is ORDERED that Defendants' Motion To Dismiss (Doc. No. 22) is granted. It is FURTHER ORDERED that Plaintiff's Motion For Summary Judgment Or Default Entry According To Rule 55 (Doc. No. 47) is denied. It is FURTHER ORDERED that the Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorney's fees. It is FURTHER ORDERED that a separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). It is FURTHER ORDERED that the case caption is amended to properly spell Defendant Adkins' first name ("Rebecca"). DATED at Denver, Colorado, this 17th day of February, 2010. BY THE COURT:

_____________________________ ZITA LEESON WEINSHIENK, Senior Judge United States District Court

1

See Fed. R. Civ. P. 72(b) advisory committee's note.

2