Opinion
Civil Case No. 06-cv-00265-REB-MEH.
April 5, 2007
ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The matters before me are (1) the magistrate judge's Recommendation For Dismissal [#22], filed December 15, 2006; and (2) Petitioner's Objection to the Magistrates Recommendation Pursuant to Fed.R.Civ.P. 72 [#23], filed January 2, 2007. I overrule the objections, approve and adopt the recommendation, and grant defendants' motion to dismiss.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendations to which cognizable objections have been filed, and have considered carefully the recommendations, the objections, and the applicable case law. 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 Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). The recommendation is detailed and well-reasoned. Plaintiff's objections are without merit. Therefore, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.
To the extent petitioner's objections may be construed to raise issues not brought forward in his application for writ of habeas corpus, any such arguments are not properly before me.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation For Dismissal [#22], filed December 15, 2006, is APPROVED and ADOPTED as an order of this court;
2. That Petitioner's Objection to the Magistrates Recommendation Pursuant to Fed.R.Civ.P. 72 [#23], filed January 2, 2007, is OVERRULED;
3. That the Application For a Writ Of Habeas Corpus Pursuant to 28 U.S.C. § 2254 [#3], filed February 16, 2006, is DENIED; and
4. That this case is DISMISSED WITH PREJUDICE.