Fresquez v. Minks et al

Filing 137

JUDGMENT by Clerk ENTERED in favor of each of the defendants against the plaintiff, Leroy Damasio Fresquez. The Jefferson County Sheriff Defendants' Motion to Dismiss is GRANTED; the CHM Defendants' Combined Motion and Brief to Dismiss Sec ond Amended Prisoner's Complaint 80 is GRANTED; the claims against the unnamed defendants are DISMISSED for failure to state a claim on which relief can be granted; all claims against all defendants, as alleged in the plaintiff's Second Amended Prisoner's Complaint 17 , are DISMISSED; the defendants are AWARDED their costs to be taxed by the clerk of the court. By Clerk on 3/20/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02712-REB-KMT
LEROY DAMASIO FRESQUEZ,
Plaintiff,
v.
SHERIFF TED MINKS,
MICHAEL FISH, Detention Service Manager,
JOHN DOE (CAPTAIN), March 5, 2010,
LT. MARTINALLI,
LT. G. GITTIN,
LT. J. LUCAS,
ADMINISTRATIVE SGT. RENFRO,
SGT. TROY BETKA,
SGT. SCOTT HAPP,
SGT. STEVEN WYGANT,
OFFICER KATHRINE FEROE,
DEPUTY SHERIFF CRUMBAKER,
DEPUTY SHERIFF RYAN VIERS,
DEPUTY SHERIFF DUSTIN DYELING,
DEPUTY SHERIFF ANTHONY KOTRIS,
DEPUTY SHERIFF DONALD SPRINGFIELD,
DEPUTY SHERIFF HOLLEY,
DEPUTY SHERIFF JAMES GELEUDE,
DEPUTY SHERIFF JASON RICHARDSON,
DEPUTY SHERIFF REID PERRY,
DEPUTY SHERIFF WILLIAM BOHM,
DEPUTY SHERIFF ERIK BOUGHAM,
DEPUTY SHERIFF HERBERT LONGSHORE,
DEPUTY SHERIFF #1958 (Name Unknown),
COUNSELOR MIKE COLLINS,
COUNSELOR SUPERVISOR DEBRA ELUDO,
CORRECTIONAL HEALTHCARE MANAGEMENT,
CLAUDIA VAN BUREN/HSA,
RAYMOND HERR, Responsible Physician,
TRACY HAINES, LPN, and
KATHERINE BECERRA, RN,
Defendants.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final
Judgment is entered.
A. Pursuant to the Order To Dismiss in Part and To Draw in Part to District
Judge and Magistrate Judge [#26] entered by Senior Judge Lewis T. Babcock on
March 22, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendants Chantel Corkle, Douglas K. Wilson, Writer Mott, Laura
Wassmuth, and Dennis Hall are DISMISSED from the action and the claims asserted
against them are dismissed as legally frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
B. Pursuant to the Order Adopting Recommendations of the United States
Magistrate Judge [#136] entered by Judge Robert E. Blackburn on March 19, 2013,
which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Jefferson County Sheriff Defendants’ Motion to Dismiss
Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) [#54] filed May 10, 2012, is
GRANTED;
2. That the CHM Defendants’ Combined Motion and Brief to Dismiss Second
Amended Prisoner’s Complaint [#80] filed June 15, 2012, is GRANTED;
3. That under 28 U.S.C. § 1915(e)(2)(B), the claims against the unnamed
defendants are DISMISSED for failure to state a claim on which relief can be granted;
4. That under FED. R. CIV. P. 12(b)(6), all claims against all defendants, as
alleged in the plaintiff’s Second Amended Prisoner’s Complaint [#17], are
DISMISSED;

5. That under 28 U.S.C. § 1915(a)(3), the order certifies that any appeal from the
recommendation [#130] and the order would not be taken in good faith and, therefore,
any appeal from the recommendation and the order may not be taken in forma pauperis;
6. That JUDGMENT IS ENTERED in favor of each of the defendants against the
plaintiff, Leroy Damasio Fresquez;
7. That the defendants are AWARDED their 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 20th day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk