Benton v. Town of South Fork et al

Filing 110

JUDGMENT by Clerk in favor of Town of South Fork, James Chavez, Randy Herrera against Denny Benton re: 97 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Entered 03/29/13. (ebutl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00336-CMA-KMT
DENNY BENTON,
Plaintiff,
v.
TOWN OF SOUTH FORK AND POLICE DEPARTMENT, Individually,
RANDY HERRERA, Former Police Chief, and
JAMES CHAVEZ, Current Police Chief,
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order Adopting and Affirming February 12, 2013
Recommendation of United States Magistrate Judge of Judge Christine M. Arguello
entered on March 29, 2013 it is
ORDERED that the February 12, 2013 Recommendation of United States
Magistrate Judge Kathleen M. Tafoya (Doc. # 97) is AFFIRMED and ADOPTED as an
Order of this Court. It is
FURTHER ORDERED that pursuant to the Recommendation, that the Motion to
Dismiss Pursuant to F.R.C.P. 12(b)(1) & (6), filed by Defendants Town of South Fork,
Town of South Fork Police Department, and James Chavez (Doc. # 16), as well as
Defendant Randy Herrera’s Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) & (6) (Doc.
72), are GRANTED such that all of Plaintiff’s federal-law claims against these

Defendants are DISMISSED WITH PREJUDICE, and the Court declines to exercise
supplemental jurisdiction over Plaintiff’s state-law claims, which are DISMISSED
WITHOUT PREJUDICE. It is
FURTHER ORDERED that the Motion to Dismiss of Defendants Colorado State
Patrol and Pam Stewart (Doc. # 31) is DENIED AS MOOT. As such, it is
ORDERED that this case is DISMISSED in its entirety.

Dated at Denver, Colorado this 29th day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Sandra Hartmann
Sandra Hartmann
Deputy Clerk