Burkhart v. Timme et al

Filing 118

JUDGMENT by Clerk re: 117 Order on Motion for Summary Judgment and Order on Motion for Leave, by Clerk on 1/29/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 11-cv-00341-MSK-MEH
DAVID LEE BURKHART,
Plaintiff,
v.
WARDEN RAE TIMME, in her official and personal capacity;
CASE MANAGER ARTHUR TRAINOR, in his official and personal capacity;
ASSISTANT WARDEN RON WAGER, in his official and personal capacity;
CASE MANAGER III SHELLY ORTIZ, in her official and personal capacity; and
CORRECTIONAL OFFICER I MS. SEGURA, in her official and personal capacity,
Defendants.

FINAL JUDGMENT

In accordance with orders filed during the pendency of this case, and pursuant to Fed. R.
Civ. P 58(a), the following Final Judgment is hereby entered.
I.

Pursuant to the Opinion and Order filed on December 7, 2011, Granting in Part

and Denying in part the defendants’ Motion to Dismiss, it is
ORDERED that the Motion to Dismiss (#27) is GRANTED IN PART AND DENIED IN
PART, as follows:
(a) all claims for monetary damages asserted against the Defendants in their
official capacities are dismissed with prejudice as legally barred;
(b) all claims for injunctive relief against Defendants Trainor, Wager, Ortiz, and
Segura in their official capacities are dismissed with prejudice as legally barred;
(c) the Eighth Amendment claim based on Mr. Burkhart’s placement in RP status

is dismissed without prejudice to amendment upon a proper showing;
(d) the Double Jeopardy claim is dismissed with prejudice as legally barred; and
(e) the Fourth Amendment claim based on searches of Mr. Burkhart’s cell is
dismissed with prejudice as legally barred.
II.

Pursuant to the Opinion and Order filed on January 25, 2013, it is

ORDERED that the Defendants’ Motion for Summary Judgment (# 95) is GRANTED
and final judgment is entered in favor of all defendants and against Mr. Burkhart on all claims,
and the case is closed. It is further
ORDERED that defendant is AWARDED its costs, to be taxed by the Clerk of the
Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 29th day January, 2013.
ENTERED FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk