Ross v. Gallegos

Filing 28

FINAL JUDGMENT by Clerk in favor of David Gallegos against Delaree Ross re: 27 Order, by Clerk on 12/4/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00831-REB-KLM
DELAREE ROSS, a/k/a Delise Ross,
Plaintiff,
v.
DAVID GALLEGOS, Aurora P.O.,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Adopting Recommendation of United States Magistrate
Judge [#27] entered by Judge Robert E. Blackburn on December 3, 2013, which order is
incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Recommendation of United States Magistrate Judge [#25], filed
November 14, 2013, is APPROVED and ADOPTED as an order of this court in relevant
part as follows;
a. That the recommendation is APPROVED and ADOPTED on the
substantive grounds suggested for its recommendation that defendant’s
motion to dismiss be granted; and
b. That the recommendation is, respectfully, REJECTED to the extent it
recommends that plaintiff’s claims be dismissed without prejudice, based

on plaintiff’s more recent concession that she has sued the wrong
defendant;
2. That Defendant’s Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)
[#20], filed is August 21, 2013, is GRANTED;
3. That plaintiff’s claims against defendant are DISMISSED WITH PREJUDICE;
4. That JUDGMENT IS ENTERED in favor of defendant, David Gallegos, Aurora
P.O., against plaintiff, Delaree Ross, a/k/a Delise Ross, on all claims for relief and
causes of action; and
5. That the defendant is AWARDED his 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 4th day of December, 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk