Stewart v. Colorado Department of Corrections et al
| Brett Le'Jon Stewart |
| Colorado Department of Corrections and Jeannie Miller |
| 1:2011cv03052 |
| November 22, 2011 |
| US District Court for the District of Colorado |
| Denver Office |
| El Paso |
| Boyd N. Boland |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
22
ORDER. The Recommendation of United States Magistrate Judge # 17 is ADOPTED.Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) # 12 is GRANTED. The claims asserted by plaintiff are dismissed with prejudice for failure to state a claim upon which relief can be granted. By Judge R. Brooke Jackson on 03/11/13. (alvsl)
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Filing
5
ORDER to Dismiss in Part and to Draw Remaining Claim to A District Judge and Magistrate Judge. Mr. Stewart's § 1983 claim asserting that Colorado parole officers failed to submit necessary referral paperwork to contracting agencies for his participation in a drug and alcohol treatment is dismissed, with prejudice, for failure to state a constitutional violation. To the extent Mr. Stewart challenges the constitutionality of his current detention pending a parole revocation hearing, his claim is barred by the rule of Heck v. Humphrey, 512 U.S. 477 (1994), and is dismissed without prejudice. This case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Craig B. Shaffer on 1/18/2012. (sah, )
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