Radick v. USA et al

Filing 114

FINAL JUDGMENT by Clerk re: 113 Order on 9/28/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:10-cv-02504-DME-KLM
THOMAS RADICK,
Plaintiff,
v.
MARK IPPOLITO, Health Services Administrator, FCI Englewood,
DR. KRAUSE, Physician, FCI Englewood,
MR. GARZA, Physician’s Assistant, FCI Englewood,
NURSE WAGONER, Nurse, FCI Englewood,
MRS. LEYBA, Administrative Hearing Officer, FCI Englewood,
MR. WALDO, Case Manager, FCI Englewood,
MS. DONSANJ, Unit Manager, FCI Englewood, and
MR. WATTS, F.B.O.P. Administrative Remedy Coordinator, Central Office, in his official
and individual capacity,
Defendants.
_____________________________________________________________________
FINAL JUDGMENT
_____________________________________________________________________
Pursuant to and in accordance with Fed. R. Civ. P. 58(a), the orders entered
during the course of proceedings in this case, the following final judgment is hereby
entered.
I.

Pursuant to and in accordance with the Order to Dismiss in Part and to

Draw Case to A District Judge and to a Magistrate Judge entered by Judge Zita L.
Weinshienk on January 12, 2011, Defendants Harley Lappin, Mike Nally, Mr. Fields,
and Rene Garcia are dismissed as parties to this action.
II.

Pursuant to and in accordance with the Order Adopting Recommendation

of the United States Magistrate Judge entered by U.S. Circuit Court Judge David M.
Ebel on September 21, 2012, incorporated herein by reference, it is
ORDERED that:
1.

The Magistrate Judge’s Recommendation (Doc. 111) is ADOPTED IN
FULL, and incorporates by reference the Magistrate Judge’s earlier
Recommendation (Doc. 94).

2.

The Motion for Summary Judgment filed by Defendants Ippolito, Krause,

Civil Action No. 10-cv-02504-DME-KLM
Page 2

Garza, Wagoner, Leyba, Waldo, and Donsanj (Doc. 86) is GRANTED.
3.

Defendant Watts’ Motion to Dismiss (Doc. 108) is GRANTED IN PART,
DENIED IN PART (as to the assertion challenging personal jurisdiction),
and DENIED AS MOOT IN PART.

4.

Defendant Watts’ Motion for Summary Judgment (Doc. 109) is
GRANTED.

It is FURTHER ORDERED that this civil action is dismissed without prejudice.
DATED at Denver, Colorado, this 28th day of September, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk