Opinion
Civil Case No. 11-cv-02441-REB-BNB
12-10-2012
ISADORE BROWN Plaintiff, v. DENVER POLICE OFFICER GARCIA, DENVER POLICE OFFICER ROMAN YEPSHIN, DENVER POLICE OFFICER SERGEY GUREVICH, DETECTIVE JOEY SMITH, and CITY AND COUNTY OF DENVER, jointly and severally, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States Magistrate Judge [#73], filed November 1, 2012, regarding Defendants' Motion To Dismiss for Failure To Prosecute Pursuant to Fed. R. Civ. P. 41(b) [#42], filed August 10, 2012; and (2) the Recommendation of United States Magistrate Judge [#76], filed November 16, 2012, regarding Defendants' Motion for Summary Judgment [#58], filed October 12, 2012.
"[#73]" 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.
No objections have been filed to either recommendation. Thus, I review them 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 dispositions of the apposite motions, I find and conclude that recommendations should be approved and adopted.
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 [#73], filed November 1, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendants' Motion To Dismiss for Failure To Prosecute Pursuant to Fed. R. Civ. P. 41(b) [#42], filed August 10, 2012, is DENIED;
3. That the Recommendation of United States Magistrate Judge [#76], filed November 16, 2012, is APPROVED and ADOPTED as an order of this court;
4. That Defendants' Motion for Summary Judgment [#58], filed October 12, 2012, is GRANTED;
5. That plaintiff's claims against all defendants are DISMISSED WITH PREJUDICE;
6. That judgment SHALL ENTER on behalf of defendants, Denver Police Officer Ben Garcia (identified in the caption as "Denver Police Officer Garcia"); Denver Police Officer Roman Yepshin; Denver Police Officer Sergey Gurevich; Detective Joey Smith; and the City and County of Denver, jointly and severally, against plaintiff, Isadore Brown, on all claims for relief and causes of action; provided, that the judgment shall be with prejudice;
7. That the Trial Preparation Conference, currently scheduled for Friday, January 11, 2013, at 3:30 p.m., and the trial, currently scheduled to commence on Monday, January 28, 2013, are VACATED; and
8. That defendants are AWARDED their costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated December 10, 2012, at Denver, Colorado.
BY THE COURT:
______________________
Robert E. Blackburn
United States District Judge