Opinion
Civil Action No. 12-cv-01191-REB-BNB
04-04-2013
ROBERT BLACKMAN, Plaintiff, v. DAN CLARK, Lieutenant, ADX Florence, Colorado, Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate Judge [#25], filed February 8, 2013. No objections having been filed to the recommendation, I review it only for plain error. 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.
"[#25]" 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 [#25], filed February 8, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant's Motion for Summary Judgment for Failure to Exhaust Administrative Remedies [#19], filed November 7, 2012, is GRANTED;
3. That plaintiff's sole remaining claim for retaliation is DISMISSED WITH PREJUDICE; and
4. That judgment SHALL ENTER on behalf of defendant, Dan Clark, Lieutenant, ADX Florence, Colorado, against plaintiff, Robert Blackman, as to plaintiff's sole remaining claim for retaliation; provided, that the judgment as to this claim shall be with prejudice.
Dated April 4, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge