Norris v. Buena Vista Correctional Complex et al

Filing 36

ORDER Adopting Magistrate Judge's Recommendation and Dismissing Claims Without Prejudice. The Clerk may close this case and, to the extent the Court previously dismissed with prejudice Norris' claims against Defendants Buena Vista Correctional Complex, Colorado Department of Corrections, and John Does 1-5 18 , enter judgment accordingly by Judge David M. Ebel on 12/30/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-00924-DME-KMT
TODD NORRIS,
Plaintiff,
v.
BUENA VISTA CORRECTIONAL COMPLEX;
COLORADO DEPARTMENT OF CORRECTIONS;
JOHN DOES 1-5, whose true names and identities are unknown;
RICHARD FISHER, individually, as an employee operating under the color of state law
for the Buena Vista Correctional Complex;
CAROL McCORMACK, individually, as an employee operating under the color of state
law for the Buena Vista Correctional Complex; and
TIMOTHY VAUGHN, individually, as an employee operating under the color of state law
for the Buena Vista Correctional Complex,
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION AND
DISMISSING CLAIMS WITHOUT PREJUDICE
This matter comes before the Court on the magistrate judge’s recommendation
to dismiss without prejudice Plaintiff Todd Norris’s claims asserted against Defendants
Richard Fisher, Carol McCormack, and Timothy Vaughn in their individual capacities.
(Doc. 35.) Because Norris did not file any objection to this recommendation, the Court
will review the magistrate judge’s recommendation to determine if there is “clear error
on the face of the record.” Harp v. Dep’t of Human Servs., 932 F. Supp. 2d 1217, 1221
(D. Colo. 2013); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991).
Finding no such error, the Court ADOPTS the magistrate judge’s recommendation and
DISMISSES without prejudice Norris's claims against these three Defendants.

Because this order resolves all of Norris’s claims, the Clerk may close this case
and, to the extent the Court previously dismissed with prejudice Norris’ claims against
Defendants Buena Vista Correctional Complex, Colorado Department of Corrections,
and John Does 1-5 (Doc. 18), enter judgment accordingly.
Dated this

30th

day of

December

, 2013.

BY THE COURT:
s/ David M. Ebel
U. S. CIRCUIT COURT JUDGE
DISTRICT OF COLORADO

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