Miller v. Kastelic et al

Filing 192

FINAL JUDGMENT re: 185 Order on Report and Recommendations. Signed by Clerk on 06/09/2014. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02677-CMA-MEH LARRY C. MILLER, Plaintiff, v. CAPTAIN KASTELIC, Shift Commander CCF, INMATE DANIEL REIMER #98949, CCCF/Denver Parole, and LT. RIDGWELL, CCCF-5 Hearings Officer, 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 the April 3, 2014 Recommendation of United States Magistrate Judge of Judge Christine M. Arguello entered on May 23, 2014 it is ORDERED that Defendants Kastelic and Ridgwell’s Motion for Summary Judgment (Doc. # 140) is GRANTED. It is further Ordered Plaintiff’s failure to protect (claim 7) and due process (claim 11) claims are dismissed with prejudice. It is further ORDERED that this action is REMANDED to the District Court, Fremont County, Colorado, for further proceedings related to Plaintiff’s state law claims against Defendant Reimer. It is further ORDERED that Defendants Kastelic and Ridgwell shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment, and pursuant to the procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. Dated at Denver, Colorado this 9th day of June, 2014. FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/ A. Thomas Deputy Clerk

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