Blackman v. Davis et al

Filing 27

FINAL JUDGMENT by Clerk. Defendant's Motion for Summary Judgment for Failure to Exhaust Administrative Remedies 19 is GRANTED; plaintiff's sole remaining claim for retaliation is DISMISSED WITH PREJUDICE; and JUDGMENT IS ENTERED on behalf of defendant, Dan Clark, Lieutenant, ADX Florence, Colorado, against plaintiff, Robert Blackman, as to plaintiff's sole remaining claim for retaliation; provided, that the JUDGMENT as to this claim IS WITH PREJUDICE. By Clerk on 4/9/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01191-REB-BNB
ROBERT BLACKMAN,
Plaintiff,
v.
DAN CLARK, Lieutenant, ADX Florence, Colorado,
Defendant.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, the
following Final Judgment is entered.
A. Pursuant to the Order To Dismiss in Part and Assigning Case [#5] entered
by Senior Judge Lewis T. Babcock on July 5, 2012, which order is incorporated by
reference,
IT IS ORDERED as follows:
1. That Defendants Davis and Duling are DISMISSED as parties to this action;
and
2. That Defendant Blackman’s claims asserting a deprivation of his Fifth
Amendment due process rights, his Eighth Amendment right to humane conditions of
confinement, his constitutional right of access to the courts, and his retaliation claim
(against Defendant Davis and Duling), are DISMISSED as legally frivolous pursuant to §
1915A(b)(1).
B. Pursuant to the Order Adopting Recommendation of the United States

Magistrate Judge [#26] entered by Judge Robert E. Blackburn on April 4, 2013, which
order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendant’s Motion for Summary Judgment for Failure to Exhaust
Administrative Remedies [#19], filed November 7, 2012, is GRANTED;
2. That plaintiff’s sole remaining claim for retaliation is DISMISSED WITH
PREJUDICE; and
3. That JUDGMENT IS ENTERED on behalf of defendant, Dan Clark, Lieutenant,
ADX Florence, Colorado, against plaintiff, Robert Blackman, as to plaintiff’s sole
remaining claim for retaliation; provided, that the JUDGMENT as to this claim IS WITH
PREJUDICE.
DATED at Denver, Colorado, this 9th day of April, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk