Gibson v. Zavaras et al
Filing
222
FINAL JUDGMENT. ORDERED that plaintiff's amended complaint and this civil action are dismissed by Clerk on 09/14/12. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-02328-WYD-KLM
WELLMAN GIBSON,
Plaintiff,
v.
ARISTEDES W. ZAVARAS,
KIM BEICKER,
CO LOPEZ,
MAJOR MARTINEZ,
CAPTAIN MATOYER,
SGT. VERENA PACHECO, and
WARDEN HARTLEY,
Defendants.
FINAL JUDGMENT
I.
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order
Affirming and Adopting Recommendation of United States Magistrate Judge, filed on
April 21, 2010, by the Honorable Wiley Y. Daniel, Chief United States District Judge,
and incorporated herein by reference as if fully set forth, it is
ORDERED that the Recommendation of United States Magistrate Judge Mix
(ECF Doc. No. 89), filed March 18, 2010, is affirmed and adopted. It is further
ORDERED that Defendant Major Martinez and Claim Two are dismissed with
prejudice.
II.
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order
Affirming and Adopting Recommendation of United States Magistrate Judge, filed on
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September 22, 2010, by the Honorable Wiley Y. Daniel, Chief United States District
Judge, and incorporated herein by reference as if fully set forth, it is
ORDERED that the Recommendation of United States Magistrate Judge Mix
(ECF Doc. No. 108), filed August 10, 2010, is affirmed and adopted. It is further
ORDERED that judgment is hereby entered in favor of Defendants, Aristedes W.
Zavaras; Kim Beicker; Captain Metoyer; and Warden Hartley, and against Plaintiff,
Wellman Gibson, on Defendants’ Motion for Summary Judgment on claims Three and
Four for failure to exhaust. It is further
ORDERED that Plaintiffs Claims Three and Four are dismissed without prejudice.
It is further
ORDERED that judgment is hereby entered in favor of Defendants, Aristedes W.
Zavaras and Captain Metoyer, and against Plaintiff, Wellman Gibson, on Defendants’
Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failing to allege that
Defendants personally participated in the alleged constitutional violation. It is further
ORDERED that the claims against Defendant Lopez are dismissed without
prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to serve Defendant Lopez within
120 days.
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III.
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order
Affirming and Adopting Recommendations of United States Magistrate Judge, filed on
September 13, 2012, by the Honorable Wiley Y. Daniel, Chief United States District
Judge, and incorporated herein by reference as if fully set forth, it is
ORDERED that the First Recommendation of United States Magistrate Judge
Mix (ECF Doc. No. 203), filed March 14, 2012, is affirmed and adopted. It is further
ORDERED that judgment is hereby entered in favor of Defendant Sgt. Verena
Pacheco, and against Plaintiff, Wellman Gibson, on Defendant’s Motion for Summary
Judgment (ECF Doc. No. 173) as to Plaintiff’s equal protection, due process and
RLUIPA claims only.
FURTHER ORDERED that the Second Recommendation of United States
Magistrate Judge Mix (ECF Doc. No. 213), filed April 16, 2012, is affirmed and adopted.
It is further
ORDERED that Defendant Sgt. Verena Pacheco’s Motion to Dismiss Plaintiff’s
Claims for Injunctive Relief as Moot (ECF Doc. No. 204) is granted and that Plaintiff’s
case is dismissed pursuant to Fed. R. Civ. P. 12(b)(1).
ORDERED that plaintiff’s amended complaint and this civil action are dismissed.
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DATED at Denver, Colorado this 14th day of September, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
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