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RIVERA-BOTTZECK v. ORTIZ

No. 04CA1628.

134 P.3d 517 (2006)

Otto F. RIVERA-BOTTZECK, Plaintiff-Appellant, v. Joseph ORTIZ, Executive Director of the Colorado Department of Corrections; Bill Zalman; Jeneane Miller; Jeff Stanley; and Sharon Martinez, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

February 23, 2006.

Attorney(s) appearing for the Case

Otto F. Rivera-Bottzeck, Pro Se.

John W. Suthers, Attorney General, James X. Quinn, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

HAWTHORNE, J.

In this civil action seeking an inmate's referral to a community corrections program, plaintiff, Otto F. Rivera-Bottzeck, appeals the judgment dismissing, pursuant to C.R.C.P. 12(b)(5), his complaint against defendants, Joseph Ortiz, Executive Director of the Colorado Department of Corrections (DOC), and other DOC personnel. We affirm.

While he was incarcerated, Rivera-Bottzeck filed a complaint against DOC personnel, alleging that they abused...

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