Miller v. Foster et al

Filing 63

JUDGMENT in favor of defendants and against plaintiff, by Clerk on 3/11/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02525-RM-MJW
JELANI LATEEF MILLER,
Plaintiff,
v.
ANTHONY FOSTER, #86035 sued in his official and individual capacity,
SCOTT MATTOS, #01051 sued in his official and individual capacity, and
SAMUEL STIGLER, III, #05024 sued in his official and individual capacity,
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 Order [Doc. No. 62, filed March 10, 2014], it is
ORDERED that Defendants’ Objection in Part to Report and Recommendation
[Doc. No. 56, filed November 21, 2013] is OVERRULED IN PART and GRANTED IN
PART. It is further
ORDERED that the Magistrate Judge’s Recommendation on Defendants’ Motion
for Summary Judgment (Docket No. 48) [Doc. No. 54, filed November 18, 2013] is
ACCEPTED as to the dismissal of Plaintiff’s claims based on allegations of an illegal
strip/body cavity search. It is further
ORDERED that Plaintiffs’ claims are dismissed without prejudice on the basis
stated in the Recommendation and for failure to demonstrate any cognizable injury as to

any claim of excessive force, and Defendants’ Motion for Summary Judgment [Doc. No.
48, filed September 26, 2013] is GRANTED on these bases. It is further
ORDERED that the Clerk shall enter judgment in favor of Defendants, with each
party to bear his own costs.
Dated at Denver, Colorado this 11th day of March, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/Nicholas Richards
Nicholas Richards
Deputy Clerk