Fortney v. Farmer et al
JUDGMENT in favor of Howard against Franklin Lee Fortney, Jr re: 18 Order on Report and Recommendations, by Clerk on 11/14/2014. (tscha, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-CV-01421-REB-MJW
FRANKLIN LEE FORTNEY, JR,
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 (Docket No. 18) of Judge Robert E. Blackburn
entered on November 13, 2014. It is
ORDERED the magistrate judge’s Report and Recommendation on Order to
Show Cause (Docket No. 15) [#17], filed October 8, 2014, is APPROVED AND
ADOPTED as an order of this court;
That plaintiff's claims against defendant, Dr. Howard, are DISMISSED
WITHOUT PREJUDICE for failure to effect timely service of process as required by
Fed. R. Civ. P. 4(m); and
That judgment without prejudice SHALL ENTER on behalf of defendant, Dr.
Howard, against plaintiff, Franklin Lee Fortney, Jr, on all claims for relief and causes of
action asserted in this action. It is
FURTHER ORDERED that Defendant DR. HOWARD is AWARDED costs, to be
taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and
Dated at Denver, Colorado this 14th day of November, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
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