Adams v. Hines
ORDER re: 46 Order on Report and Recommendations, Order on Motion to Dismiss. The Clerk of the Court shall enter judgment in favor of Defendants and against Plaintiff in accordance with the Court's March 25, 2015, Order (ECF No. 46),as modified in the attached order. By Judge Raymond P. Moore on 4/21/2015. (tscha, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14-cv-01445-RM-KLM
COLORADO DEPARTMENT OF CORRECTIONS, and
This matter is before the Court sua sponte. By Order dated March 25, 2015, the Court
adopted the Recommendation of United States Magistrate Judge (ECF No. 44), with
modification, and granted Defendant Hines’ Motion to Dismiss. Plaintiff, however, was granted
until April 8, 2015, in which to file an amended Eighth Amendment claim against Defendant
Hines, and was advised that the failure to do so will result in the closure of this case. Plaintiff
has not filed an amended complaint and the time to do so has expired.1 It is therefore
(1) That Plaintiff’s Eighth Amendment claim against Defendant Hines in his individual
capacity is dismissed with prejudice; and
The Court notes that, after the Recommendation was adopted, the Recommendation was returned as undeliverable
to Plaintiff. (ECF No. 47.) Nonetheless, although Plaintiff proceeds pro se, it is his responsibility to notify the court
of his change of address, D.C.COLO.LAttyR 5(c), and he has not done so.
(2) That the Clerk of the Court shall enter judgment in favor of Defendants and against
Plaintiff in accordance with the Court’s March 25, 2015, Order (ECF No. 46), as
modified by paragraph (1) above.
DATED this 21st day of April, 2015.
BY THE COURT:
RAYMOND P. MOORE
United States District Judge
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