Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:01-cv-01315-REB-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Civil Case No. 01-cv-01315-REB-CBS

LEONDARD BALDAUF, Plaintiff, v. JOHN HYATT, ROBERT FAHEY, Lieutenant, Fremont Corr. Facility, GARY NEET, Warden, GLORIA MASTERSON, CHARLES TAPPE, Hearing Officer, RICHARD MARTINEZ, Hearing Officer, BETTY FULTON, Case Manager, DAVID ROBERTS, Case Manager, PAUL CARRERAS, Lieutenant, WILLIAM ZALMAN, Director of Offender Services, CONNIE DAVIS, Sergeant, PATRICIA ROMERO, Mental Health Case Worker, KENT MAESTAS, Lieutenant, SERGEANT GARCIA, LIEUTENANT CARR, DAVID ARCHULETA, Sergeant, CHAD NELSON, Officer, UNKNOWN PROPERTY OFFICER, NARD CLAAR, Asst. Warden, MAJOR HARLAN, Defendants.

JUDGMENT

PURSUANT to and in accordance with the Order Adopting Recommendation of United States Magistrate Judge entered by the Honorable Robert E. Blackburn on

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Case No. 01-cv-01315-REB-CBS Judgment

September 20, 2006, it is ORDERED that the magistrate judge's recommendation filed August 1, 2006 is APPROVED and ADOPTED. It is FURTHER ORDERED that plaintiff's Second Claim for Relief for conspiracy to interfere with grievances is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that plaintiff's claims against defendants Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, David Roberts, William Zalman, Patricia Romero, Lieutenant Carr, Chad Nelson, Nard Claar, and Major Harlan are DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that plaintiff's claims against defendants Chad Nelson and Unnamed Property Officer are DISMISSED WITHOUT PREJUDICE for failure to effect timely service of process and failure to prosecute. It is FURTHER ORDERED that plaintiff's claims for compensatory damages and punitive damages against the remaining defendants are DISMISSED WITH PREJUDICE.

PURSUANT to and in accordance with the Order Adopting Recommendation of United States Magistrate Judge entered by the Honorable Robert E. Blackburn on January 31, 2008, it is ORDERED that the magistrate judge's recommendation is APPROVED and 2

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Case No. 01-cv-01315-REB-CBS Judgment

ADOPTED. It is

FURTHER ORDERED that Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Kent Maestas, Joseph Garcia, and David Archuleta are DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that pursuant to the Order of January 31, 2008 and incorporating the previous Orders Adopting Recommendations of United States Magistrate Judge, plaintiff's complaint and this action are DISMISSED and that judgment is entered in favor of defendants John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Kent Maestas, Joseph Garcia, Lieutenant Carr, David Archuleta, Chad Nelson, Nard Claar, and Major Harlan and against plaintiff Leonard Baldauf. It is FURTHER ORDERED that Defendants John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Kent Maestas, Joseph Garcia, Lieutenant Carr, David Archuleta, Chad Nelson, Nard Claar, and Major Harlan shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within

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Case No. 01-cv-01315-REB-CBS Judgment

ten days of the entry of judgment. DATED February 21st , 2008.

FOR THE COURT: Gregory C. Langham, Clerk

By s/ Edward P. Butler Edward P. Butler Deputy Clerk

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