Amin v. Clements et al

Filing 110

ORDER re: 99 Order and 96 Order are amended to state that: (1) Plaintiff's official capacity claims for damages against Defendants are DISMISSED WITHOUT PREJUDICE and (2) Plaintiff's remaining claims against Defendants are DISMISSED WITH PREJUDICE. By Judge Raymond P. Moore on 4/21/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore

Civil Action No. 12-cv-02889-RM-MJW
ABDULLAH KRU AMIN,
Plaintiff,
v.
CARL VOIGTSBERGER, Wyo. Classification Interstate Compact;
RON LAMPERT, Director, Wyoming Department of Corrections;
IVETT RUIZ, A.V.C.F., Colo. Dept. Corr. Mental Health; and
MS. MACKINNON, SOTMP, C.D.O.C.,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
THIS MATTER is before the Court on remand from the Tenth Circuit Court of Appeals.
The Tenth Circuit’s mandate provides: “The Eleventh Amendment creates a jurisdictional bar on
the official capacity claims for damages. Thus, we remand with instructions to dismiss these
claims without prejudice. We affirm the dismissal with prejudice on the remaining claims.”
In conformity with the mandate on remand, it is hereby ORDERED that the Court’s
Orders dated September 16, 2013 (ECF No. 96) and dated September 20, 2013 (ECF No. 99) are
hereby amended to state that: (1) Plaintiff’s official capacity claims for damages against

Defendants are DISMISSED WITHOUT PREJUDICE; and (2) Plaintiff’s remaining claims
against Defendants are DISMISSED WITH PREJUDICE.
DATED this 21st day of April, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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