Toevs v. Milyard et al

Filing 60

JUDGMENT by Clerk in favor of Christians, Merrill, Ralston, Whitney, (I) Merrill, (I) Ralston, (I) Whitney, Aristedes Zavares, Aristedes (I) Zavares, Berandette Scott, Berandette Scott (I), Kevin Milyard, Kevin (I) Milyard, Rick Raemisch against Janos Toevs re: 59 Order, by Clerk on 10/31/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02532-REB-MEH
JANOS TOEVS,
Plaintiff,
v.
KEVIN MILYARD, in his official and individual capacities,
RICK RAEMISCH, CDOC Executive Director, in his official capacity,
ARISTEDES ZAVARES, in his official and individual capacities,
CAPTAIN WHITNEY, in his official and individual capacities,
C.O. MERRILL, in his official and individual capacities,
C.O. RALSTON, in his official and individual capacities,
BERNADETTE SCOTT, in her official and individual capacities,
SGT. CHRISTIANS, in his official and individual capacities,,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Overruling Objections to and Adopting
Recommendations of the United States Magistrate Judge [#59] entered by Judge
Robert E. Blackburn on October 30, 2013, which order is incorporated herein by this
reference.
THEREFORE, IT IS ORDERED as follows:
1. That the objections stated in plaintiff’s Objection to Magistrate’s
Recommendation [#49], filed August 8, 2013, are OVERRULED;
2. That the Recommendation of United States Magistrate Judge [#44], filed
August 1, 2013, is APPROVED and ADOPTED as an order of this court;

3. That the objections stated in plaintiff’s Objection to Magistrate’s
Recommendation [#58], filed October 22, 2013, are OVERRULED;
4. That the Recommendation of United States Magistrate Judge [#57], filed
October 10, 2013, is APPROVED and ADOPTED as an order of this court;
5. That defendants’ Motion To Dismiss or Motion for Summary Judgment
[#21], filed May 24, 2013, is GRANTED;
6. That defendant Rick Raemisch’s Motion To Dismiss or Motion for Summary
Judgment [#53], filed August 26, 2013, is GRANTED;
7. That plaintiff’s claims are DISMISSED as follows:
a. That plaintiff’s claims for money damages against all defendants in their
official capacities are DISMISSED WITH PREJUDICE;
b. That plaintiff’s remaining claims against all defendants in their official
and individual capacities are DISMISSED WITHOUT PREJUDICE;
8. That judgment SHALL ENTER on behalf of defendants, Kevin Milyard, in his
official and individual capacities; Rick Raemisch, CDOC Executive Director, in his official
capacity; Aristedes Zavares, in his official and individual capacities; Captain Whitney, in
his official and individual capacities; C.O. Merrill, in his official and individual capacities;
C.O. Ralston, in his official and individual capacities, Bernadette Scott, in her official and
individual capacities; and Sgt. Christians, in his official and individual capacities, against
plaintiff, Janos Toevs, as to all claims for relief and causes of action asserted by plaintiff;
provided, as follows:
a. That the judgment as to plaintiff’s claims against defendants in their
official capacities for monetary damages shall be with prejudice; and

b. That the judgment as to all plaintiff’s remaining claims against
defendants in their official and individual capacities shall be without
prejudice; and
9. That the defendants are AWARDED their costs to be taxed by the Clerk of the
Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 31st day of October 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk