Free Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02514-EWN-BNB

Document 98

Filed 01/18/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 03-cv-02514-EWN-BNB KERRY L. COURNOYER, Plaintiff, v. LARRY E. REID, DR. DAVID D. HOLT, DR. WERMERS, To All Be Sued Jointly and Severally in Their Official and Individual Capacities, 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: 1. Pursuant to the written Order Accepting Magistrate Judge' Recommendation s filed by Judge Edward W. Nottingham on September 28, 2005, it is ORDERED that: A. Defendant' Motion to Dismiss as to Defendant Dr. Wermers (#27, filed s January 27, 2005) is GRANTED; B. C. The complaint against Dr. Wermers is dismissed with prejudice; The second claim is dismissed with prejudice as to all defendants.

Case 1:03-cv-02514-EWN-BNB

Document 98

Filed 01/18/2007

Page 2 of 2

Final Judgment 03-cv-02514-EWN-BNB Judge Edward W. Nottingham Page 2 of 2

2.

Pursuant to the written Order Accepting Magistrate Judge' Recommendation s filed by Judge Edward W. Nottingham on January 10, 2007, it is ORDERED that: A. Plaintiff' claim for retroactive monetary relief against the defendants in s their official capacities is dismissed based on Eleventh Amendment immunity; B. Defendants' Motion for Summary Judgment (#82, filed May 26, 2006) is GRANTED; C. This civil action is dismissed with prejudice.

Dated this 18th day of January, 2007.

APPROVED BY THE COURT:

ENTERED FOR THE COURT: GREGORY C. LANGHAM, CLERK

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

By s/Stephen P. Ehrlich Stephen P. Ehrlich Chief Deputy Clerk