Sardakowski v. Lish et al
| James Sardakowski |
| Darren Lish and Jonathan Thiele |
| 1:2017cv02542 |
| October 24, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Gordon P. Gallagher |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
38
ORDER GRANTING DEFENDANTS' COMBINED MOTION TO DISMISS. 1. ORDERED: The Magistrate Judge's July 30, 2018 Recommendation 36 is ADOPTED as modified herein; 2. Plaintiff's Objection 37 is OVERRULED; 3. Defendants' Motion 17 is GRANTED IN PART and DENIED IN PART as follows: a. The Motion is GRANTED to the extent it is brought pursuant to Fed. R.Civ. P. 12(b)(6) for failure to state a claim upon which relief can begranted; and b. To the extent that Defenda nts' Motion seeks summary judgment on this or any other basis, the Motion is DENIED AS MOOT; 4. Plaintiff's Amended Complaint 6 is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; 5. Plaintiff� 39;s Prisoner Motion for Appointment of Counsel 31 is DENIED AS MOOT; and 6. The Clerk shall enter judgment accordingly and shall terminate this case. Theparties shall bear their own attorneys' fees and costs, by Judge William J. Martinez on 9/19/2018. (dhans, )
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