Vuolo v. Garfield County Sheriffs et al

Filing 61

ORDER. The Court accepts and adopts the Recommendation in its entirety. The Motion To Dismiss Of Defendant Jeff LaRoche 42 is granted. Defendant Officer LaRocha is dismissed with prejudice from this action. The Complaint and cause of action are dismissed, the parties to pay their own costs and attorneys fees. A separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). By Judge Zita L. Weinshienk on 04/15/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 09-cv-01476-ZLW-KMT GERARD M. VUOLO, Plaintiff, v. GARFIELD COUNTY SHERIFFS; SHERIFF LOU VALLARIO; GLENWOOD SPRINGS POLICE DEPARTMENT; OFFICER LA ROCHA; OWNERS (UNKNOWN) OF BUSINESS "SMOKERS FRIENDLY"; and POLICE CHIEF TERRY WILSON, Defendants. ORDER OF DISMISSAL The matter before the Court is the Motion To Dismiss Of Defendant Jeff LaRoche1 (Doc. No. 1). This motion was referred to Magistrate Judge Kathleen M. Tafoya pursuant to D.C.COLO.LCivR 72.1C. On February 19, 2010, the Magistrate Judge issued her recommendation that the Motion to Dismiss be granted (Doc. No. 60). No party filed objections to the Recommendation.

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Defendant's name is improperly spelled in the Complaint as "LaRocha."

Having reviewed the record and the Recommendation, the Court is satisfied "that there is no clear error on the face of the record."2 Accordingly, the Court accepts and adopts the Recommendation in its entirety, and it is ORDERED that the Motion To Dismiss Of Defendant Jeff LaRoche (Doc. No. 42; Oct. 13, 2009) is granted. It is FURTHER ORDERED that Defendant Officer LaRocha is dismissed with prejudice from this action. It is FURTHER ORDERED that the Complaint and cause of action are dismissed, 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). DATED at Denver, Colorado, this 15th day of April, 2010. BY THE COURT:

_____________________________________ ZITA LEESON WEINSHIENK, Senior Judge United States District Court

See Fed. R. Civ. P. 72(b) advisory committee's note; Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); Thomas v. Arn, 474 U.S. 140, 150 (1985). 2

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