Duncan v. Ritter Jr. et al

Filing 68

FINAL JUDGMENT by Clerk re: 67 Order Adopting Report and Recommendation of the United States Magistrate Judge. By Clerk on 12/12/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00301-REB-BNB
JAMES ROGER DUNCAN
Plaintiff
v.
JOHN W. HICKENLOOPER, governor,
RICK RAEMISCH, executive director,
WARDEN MILYARD,
WARDEN FALK, and
CASE MANAGER LUECK
Defendant

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 Recommendation of the United States
Magistrate Judge [#67] of Judge Robert E. Blackburn entered on December 11, 2014.
It is ORDERED that defendants’ Motion to Dismiss Complaint [#32], filed May
12, 2014, is GRANTED.
It is further ORDERED that plaintiff’s claims are DISMISSED as follows: That
plaintiff’s claims for monetary relief against defendants in their official capacities are
DISMISSED WITH PREJUDICE; and that all remaining claims against defendants in
both their official and individual capacities are DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that judgment with prejudice is entered on behalf of

defendants John W. Hickenlooper, governor; Rick Raemisch, executive director;
Warden [Kevin] Milyard; Warden [James] Falk; and Case Manager [Jim] Lueck, and
against plaintiff, James Roger Duncan, on the claims for monetary damages against
them in their official capacities.
It is further ORDERED that judgment without prejudice is entered on behalf of
defendants John W. Hickenlooper, Governor; Rick Raemisch, Executive Director;
Warden [Kevin] Milyard; Warden [James] Falk; and Case Manager [Jim] Lueck, and
against plaintiff, James Roger Duncan, on all other claims against them in their official
and individual capacities.

Dated at Denver, Colorado this 12th day of December, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

A. Lowe
A. Lowe
Deputy Clerk