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

Case 1:04-cv-01049-EWN-KLM

Document 236

Filed 09/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Edward W. Nottingham Civil Action No. 04-cv-01049-EWN-PAC

MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, EX REL., VIA: FEDERAL BUREAU OF PRISONS, GUY DRENNAN, DALE GRAFTON, JOSEPH GUNJA, KENNETH LINCOLN, MIKE MARONI, LEO ORTEGA, HECTOR A. RIOS, LARRRY RITTENMEYER, MARK ROBLES, RICHARD SAMS, CELEST SANTOS-COLLINS, BENJAMIN VALLE, and AUDREY WATSON, Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a)(1), the following FINAL JUDGMENT is hereby entered as follows:

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Case 1:04-cv-01049-EWN-KLM

Document 236

Filed 09/25/2007

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Final Judgment 04-cv-01049-EWN Chief Judge Edward W. Nottingham Page 2 of 3

1. Pursuant to the written Order of Dismissal Without Prejudice filed by Judge Edward W. Nottingham on September 30, 2004, it is ORDERED that: Plaintiff's First Amendment Freedom of Religion claim is DISMISSED without prejudice, each party to pay his, her, or its own costs and attorneys' fees herein expended. 2. Pursuant to the written Order Concerning Magistrate Judge's Recommendation filed by Judge Edward W. Nottingham on September 25, 2006, it is ORDERED that: A. The Federal Defendants' Motion to Dismiss (#67, filed April 19, 2005) is GRANTED; B. The Defendants' Motion for Summary Judgment (#110, filed September 16, 2005) is GRANTED in part and DENIED in part. The motion is GRANTED as to Guy Drennan, Dale Grafton, Joseph Gunja, Mike Maroni, Leonel Ortega, Hector A Rios, Jr., Richard Sams, Celest Santos-Collins, Benjamin Valle, and Andrew Watson. The motion for summary judgment is DENIED as to Kenneth Lincoln, Lee Rittenmeyer, and Mark Robles; and C. Judgment is entered in favor of Defendants United States, Federal Bureau of Prisons, Guy Drennan, Dale Grafton, Joseph Gunja, Mike Maroni, Leonel -2-

Case 1:04-cv-01049-EWN-KLM

Document 236

Filed 09/25/2007

Page 3 of 3

Final Judgment Case No. Judge Edward W. Nottingham Page 3 of 3

Ortega, Hector A Rios, Jr., Richard Sams, Celest Santos-Collins, Benjamin Valle, and Andrew Watson, and against Plaintiff Mitchell Theophilus Garraway, dismissing all claims against them with prejudice. 3. Pursuant to the order for entry of judgment on a jury verdict entered orally in open court by Chief Judge Edward W. Nottingham on September 19, 2007, trial of which commenced September 17, 2007, before twelve empaneled and sworn jurors, it is ORDERED that: Judgment is entered in favor of Defendants Kenneth Lincoln, Lee Rittenmeyer, and Mark Robles, and against Plaintiff Mitchell Theophilus Garraway, dismissing the case with prejudice. Dated this 25th day of September, 2007.

APPROVED BY THE COURT:

ENTERED FOR THE COURT: GREGORY C. LANGHAM, CLERK

s/ Edward W. Nottingham EDWARD W. NOTTINGHAM Chief United States District Judge

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

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