Opinion
Civil Case No. 10-cv-01636-REB-KLM
02-27-2012
JOHN THOMAS BLACK, Plaintiff, v. C/O WILLS, Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the defendant's Motion for Summary Judgment [#57] filed March 31, 2011; and (2) the Recommendation of United States Magistrate Judge [#62] filed May 9, 2011. No objections to the recommendation have been filed by the parties. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.
"[#57]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing 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 [#62] filed May 9, 2011, is APPROVED and ADOPTED as an order of this court;
2. That the defendant's Motion for Summary Judgment [#57] filed March 31, 2011, is GRANTED;
3. That this case is DISMISSED with prejudice;
4. That JUDGMENT SHALL ENTER in favor of the defendant, C/O Wills, against the plaintiff, John Thomas Black, Jr.; and
7. That the defendant is AWARDED his costs, to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated February 27, 2012, at Denver, Colorado.
BY THE COURT:
______________________
Robert E. Blackburn
United States District Judge