Free Order on Motion to Dismiss Party - District Court of Colorado - Colorado

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

Document 51

Filed 09/28/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 03­ 02514­ cv­ EWN­ BNB

KERRY L. COURNOYER, Plaintiff, v. LARRY E. REID, DR. DAVID D. HOLT, DR. WERM ERS, To All Be Sued Jointly and Severally in Their Official and Individual Capacities, Defendants.

ORDER ACCEPTING MAGIS TRATE JUDGE' RECOMMENDATION S

This matter is before the court on the " Recommendation of United States M agistrate Judge"filed June 3, 2005. The recommendation is that Dr. Wermers be dismissed as a defendant and that the second of plaintiff' two claims be dismissed against all defendants. Plaintiff has s objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is ORDERED as follows: 1. The recommendation is ACCEPTED, and the motion to dismiss (#27) is GRANTED. 2. The final judgment, when entered, will dismiss the complaint against Dr. Wermers with prejudice and will dismiss the second claim with prejudice as to all defendants.

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

Document 51

Filed 09/28/2005

Page 2 of 2

3. All other pending motions are DENIED as moot. DATED this 28th day of September, 2005.

BY THE COURT:

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

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