Timothy John Kennedy v. Mark Finely, et al

Filing 100

ORDER: Plaintiff's claims against defendant, Ernest Roger Peele, are DISMISSEDWITH PREJUDICE. By Judge Robert E. Blackburn on 4/14/2014. (klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 11-cv-00967-REB-KMT TIMOTHY JOHN KENNEDY, Plaintiff, v. MARK A. FINLEY, ERNEST ROGER PEELE, SHERIFF JOHN WESLEY ANDERSON, EL PASO COUNTY SHERIFF’S OFFICE, and UNITED STATES OF AMERICA, Defendants. ORDER Blackburn, J. This matter is before me on the Mandate [#98]1, filed March 4, 2014, of the United States Court of Appeals for the Tenth Circuit. Pursuant to the Order and Judgment [#97], filed January 10, 2014, of the appellate court, I am directed to dismiss the claims against defendant, Ernest Roger Peele, whom the Tenth Circuit has found to be entitled to qualified immunity as to his pretrial statements. THEREFORE, IT IS ORDERED as follows: 1. That plaintiff’s claims against defendant, Ernest Roger Peele, are DISMISSED WITH PREJUDICE; 2. That at the time judgment enters, judgment with prejudice SHALL ENTER for 1 “[#98]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. defendant, Ernest Roger Peele, against plaintiff, Timothy John Kennedy, on all claims for relief and causes of action; 3. That defendant, Ernest Roger Peele, is AWARDED his costs to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and 4. That defendant, Ernest Roger Peele, is DROPPED as a named party to this action, and the case caption is AMENDED accordingly. Dated April 14, 2014, at Denver, Colorado. BY THE COURT: 2

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