Free Order on Motion for Summary Judgment - District Court of Colorado - Colorado

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

Document 162

Filed 01/31/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 01-cv-01315-REB-CBS LEONARD BALDAUF, Plaintiff, v. JOHN HYATT, et al., Defendant.

ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#161], filed December 27, 2007. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That Recommendation of United States Magistrate Judge [#161], filed December 27, 2007, is APPROVED AND ADOPTED as an order of this court; and 2. That Defendants' Motion For Summary Judgment [#146], filed July 2, 2007, is GRANTED;

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

Document 162

Filed 01/31/2008

Page 2 of 2

3. That plaintiff's sole remaining claim for First Amendment retaliation is DISMISSED WITH PREJUDICE; 4. That judgment SHALL ENTER for defendants, John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Kent Maestas, Joseph Garcia, and David Archuleta, against plaintiff, Leonard Baldauf, on plaintiff's Claim I alleging retaliation for exercise of First Amendment rights; 5. That judgments SHALL ENTER pursuant to my orders in my Order Adopting Recommendation [#30] of United States Magistrate Judge [#32], filed April 24, 2003, and my Order Adopting Recommendation of United States Magistrate Judge [#103], filed September 21, 2006; and 6. 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. Dated January 31, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge