Filed: Jun. 08, 2012
Latest Update: Jun. 08, 2012
Summary: ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the Recommendation of United States Magistrate Judge [#45] 1 filed May 8, 2012. 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 (10 th Cir. 2005). 2 Finding no such error in the magistrate judge's recommended disposition, I find and c
Summary: ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the Recommendation of United States Magistrate Judge [#45] 1 filed May 8, 2012. 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 (10 th Cir. 2005). 2 Finding no such error in the magistrate judge's recommended disposition, I find and co..
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ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT E. BLACKBURN, District Judge.
The matter before me is the Recommendation of United States Magistrate Judge [#45]1 filed May 8, 2012. 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).2 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#45] filed May 8, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That defendants' Motion For Summary Judgment Asserting Qualified Immunity [#27] filed December 16, 2011, is GRANTED IN PART and DENIED IN PART as moot, as follows:
a. That the motion is GRANTED with respect to plaintiffs' federal law claims against defendants, and those claims are DISMISSED WITH PREJUDICE; and
b. That the motion is DENIED AS MOOT with respect to plaintiffs' supplemental state law claims against defendants, over which claims the court DECLINES to exercise supplemental jurisdiction in light of the dismissal of all federal claims, and that those state law claims are DISMISSED WITHOUT PREJUDICE;
3. That judgment SHALL ENTER on behalf of defendants, Michael Yorty, both in his individual capacity and as a Glenwood Police Officer, and City of Glenwood Springs, as the City of Glenwood Springs, Colorado, against plaintiffs, Jacqueline L. DeGarmo and Alisia E. Blythe, on all federal claims for relief and causes of action asserted against them herein; provided, that the judgment as to these claims shall be with prejudice;
4. That the state law claims of the plaintiffs ARE DISMISSED without prejudice; and
5. That pursuant to 28 U.S.C. § 1915(a)(3), any appeal taken from this order would not be taken in good faith and that therefore in forma pauperis status is DENIED for purposes of any appeal.
