Preece v. Cooke et al

Filing 42

FINAL JUDGMENT. ORDERED that 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 by Clerk on 11/17/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03265-REB-KLM
MARCEL PREECE,
Plaintiff,
v.
SHERIFF JOHN COOKE,
UNDERSHERIFF JACK MCGRATH,
BUREAU CHIEF STERLING GEESAMAN,
COMMANDER MORGAN MAY, and
RICK DILL,
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 [Docket No. 41] of U.S. District Judge Robert E. Blackburn
entered on November 17, 2014, it is
ORDERED that the Recommendation of United States Magistrate Judge [#40],
filed October 22, 2014, is APPROVED AND ADOPTED IN PART as an order of this
court, and respectfully, REJECTED IN PART, it is
ORDERED that defendants’ Motion To Dismiss Plaintiff’s Amended
Complaint (ECF No. 10) [#30], filed May 6, 2014, is GRANTED . It is further
ORDERED that judgment without prejudice SHALL ENTER on behalf of
defendants, Undersheriff Jack McGrath; Commander Morgan May; and Rick Dill, in their
individual and official capacities; and against plaintiff, Marcel Preece, as to plaintiff’s

claim under the Eighth (or alternatively, Fourteenth) Amendment for cruel and unusual
punishment. On behalf of defendant, Rick Dill, in his individual and official capacity, and
against plaintiff, Marcel Preece, as to plaintiff’s claim under the
Fourteenth Amendment for deprivation of procedural due process. It is further
ORDERED that judgment with prejudice SHALL ENTER on behalf of defendants,
Sheriff John Cooke and Bureau Chief Sterling Geesaman, in their individual and official
capacities, and against plaintiff, Marcel Preece, as to plaintiff’s claim under the Eighth
(or alternatively, Fourteenth) Amendment for cruel and unusual punishment and on
behalf of defendants, Sheriff John Cooke; Undersheriff Jack
McGrath; Bureau Chief Sterling Geesaman; and Commander Morgan May, in their
individual and official capacities; and against plaintiff, Marcel Preece, as to plaintiff’s
claim under the Fourteenth Amendment for deprivation of procedural due process. It is
ORDERED that 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. It is further
ORDERED that this case is CLOSED.

Dated at Denver, Colorado this 17th day of November, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/Jennifer Hawkins
Jennifer Hawkins
Deputy Clerk