Moore v. Arguello et al

Filing 61

FINAL JUDGMENT by Clerk in favor of Arguello, Tom Meek against Arthur Moore re: 60 Order on Report and Recommendations, Order on Motion to Dismiss, by Clerk on 8/21/2014. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
WILLIAM J. MARTINEZ

Civil Action No. 13-cv-1861-WJM-BNB
ARTHUR MOORE,
Plaintiff,
v.
CAPT. ARGUELLO, AND
CAPT. TOM MEEK,
Defendant.

FINAL JUDGMENT

Pursuant to and in accordance with Fed. R. Civ. P. 58(a), all previous Orders
entered during the pendency of this case, and the Order Adopting in part the
Recommendation of the Magistrate Judge, Granting Defendants’ Motion to Dismiss,
entered by the Honorable William J. Martínez, United States District Judge,
on August 21, 2014,
IT IS ORDERED that.
1.

The Magistrate Judge’s Recommendation (ECF No. 55) is REJECTED as
to his finding regarding Plaintiff’s allegations of Capt. Arguello’s personal
participation in the alleged constitutional deprivation but ACCEPTED in all
other respects;

2.

Defendants’ Motion to Dismiss (ECF No. 30) is GRANTED;

3.

Plaintiff’s claims against Defendants in their official capacities are
DISMISSED WITHOUT PREJUDICE based on Eleventh Amendment
immunity;

4.

Plaintiff’s claims against Defendants in their individual capacities are
DISMISSED WITH PREJUDICE for failure to state a claim upon which
relief could be granted; and

5.

The Clerk shall enter judgment in favor of Defendants. Each party shall
bear his own costs.

Dated at Denver, Colorado this 21st day of August, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

E. Van Alphen
Deputy Clerk