Bertolo v. Colorado Department of Corrections et al

Filing 70

FINAL JUDGMENT in favor of Defendants CTCF Reading Committee, Colorado Department of Corrections, Miklich, Worthen, Burl McCullar, Diane Miller, Joy Hart, Kieth Nordel, Kirk Machin, M Garcia, Marshall Griffith, Mira Longgloss, R. Viola, Steve Hager, Susan Jones, Tom Benezee and against Plaintiff James M. Bertolo. The Recommendation of the United States Magistrate Judge 59 is ADOPTED and Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) and for Summary Judgment [5 1] is GRANTED. Plaintiff's claims against Defendants in their official capacities, claims under the Eighth Amendment for inadequate medical care, and claims under the First and Sixth Amendments for telephone restrictions, are DISMISSED without prejudice for failure to exhaust administrative remedies. The remainder of Plaintiff's claims are DISMISSED with prejudice. Final Judgment is entered for Defendants and against the Plaintiff on all claims. Each party shall bear his or her own costs, by Edward P. Butler, Deputy Clerk on 3/22/2013. (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-2822-WJM
JAMES M. BERTOLO,
Plaintiff,
v.
TOM BENEZEE, Lieutenant CTCF,
R. VIOLA, CTCF Mailroom,
M. GARCIA, CTCF Mailroom,
DIANE MILLER, CTCF Mailroom,
MIKLICH, Major, CTCF Reading Committee,
WORTHEN, Lieutenant, CTCF Reading Committee,
JOY HART, CTCF Reading Committee,
KEITH NORDELL,
MARSHALL GRIFFITH,
STEVE HAGER,
SUSAN JONES,
MIRA LONGGLOSS,
BURL MCCULLAR, and
KIRK MACHIN, all CDOC Springs Employees and Members of Central Reading
Committee,
Defendants.

FINAL JUDGMENT

Pursuant to and in accordance with Fed. R. Civ. P. 58(a); all previous Orders
entered in this case; and the Order Adopting the Recommendation of the United States
Magistrate Judge and Granting Defendants’ Motion to Dismiss, entered by the
Honorable William J. Martínez, United States District Judge, on March 22, 2013,
IT IS ORDERED THAT the Recommendation of the United States Magistrate
Judge (ECF No. 59) is ADOPTED and Defendants’ Motion to Dismiss Pursuant to Fed.

R. Civ. P. 12(b)(1) and (6) and for Summary Judgment (ECF No. 51) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants in their
official capacities, claims under the Eighth Amendment for inadequate medical care,
and claims under the First and Sixth Amendments for telephone restrictions are
DISMISSED without prejudice for failure to exhaust administrative remedies;
IT IS FURTHER ORDERED that the remainder of Plaintiff’s claims are
DISMISSED with prejudice.
IT IS FURTHER ORDERED that Final Judgment is entered for Defendants and
against the Plaintiff on all claims. Each party shall bear his or her own costs.

DATED at Denver, Colorado this 22nd day of March, 2013.
FOR THE COURT
JEFFREY P. COLWELL, Clerk
By: s/ Edward P. Butler
Edward P. Butler, Deputy Clerk