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holding that the plaintiff's confinement in disciplinary segregation for forty and fifty days was not a condition of confinement "atypical to the ordinary incidents of prison life"
Summary of this case from Walker v. FirmanOpinion
Civil Action No. 12-cv-01559-REB-CBS
2013-09-17
STEPHAN DARRIS, Plaintiff, v. D/S MAZZAIE, D/S KEENAN, D/S BLAIR, D/S MCCALL, and SHERIFF GARY WILSON, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#74], filed August 29, 2013. No objection having been filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.
"[#74]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122. In addition, because plaintiff is proceeding pro se, I have construed his pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
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THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#74], filed August 29, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That defendants' Motion To Dismiss and for Partial Summary Judgment [#45], filed January 4, 2013, is GRANTED IN PART and DENIED AS MOOT IN PART, as follows:
a. That the motion is GRANTED insofar as it seeks dismissal of plaintiff's claims for failure to exhaust administrative remedies; and
b. That in all other respects, the motion is DENIED AS MOOT;
3. That plaintiff's Claims One, Two, Three, Four, and Five against all defendants are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies; and
4. That judgment without prejudice SHALL ENTER on behalf of defendants, D/S Mazzei (misnamed in the caption as "D/S Mazzaie"), D/S Keenan, D/S Blair, D/S McCall, and Sheriff Gary Willson, and against plaintiff, Stephan Darris.
Dated September 17, 2013, at Denver, Colorado.
BY THE COURT:
________________________
Robert E. Blackburn
United States District Judge