Opinion
Civil Case No. 11-cv-01741-REB-KLM
10-28-2011
CANDY COPPINGER, Plaintiff, v. MS. SHOEMAKER, DR. FRANTZ, KELLIE WASKO, DR. WERMER, MS. SAIZ, MS. BEAMAN, MS. KATSMEYER, MS. TAFOYA, DR. THISTLEWAITE, MS. TORREZ, SGT. DOWD, and C.O. GRUBB, Defendants.
Judge Robert E. Blackburn
ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States Magistrate Judge [#28] filed September 26, 2011; and (2) the plaintiff's objections to the recommendation as stated in her motion entitled Reconsideration of the Recommendation of the Unites States Magistrate Judge [#34] filed September 30, 2011. I overrule the objections, adopt the recommendation, and grant the motion to dismiss.
"[#28]" 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.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed. I have considered carefully the record, recommendation, objections, and applicable caselaw.
Moreover, because plaintiff is proceeding pro se, I have construed her 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)). However, I have not acted as an advocate for the plaintiff.
The recommendation is detailed and well-reasoned. Contrastingly, plaintiff's objections are imponderous and 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.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#28] filed September 26, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff's objections as stated in her motion entitled Reconsideration of the Recommendation of the Unites States Magistrate Judge [#34] filed September 30, 2011, are OVERRULED; and
3. That plaintiff's motion for Preliminary Injunction [#24] filed September 20, 2011, is DENIED.
BY THE COURT:
Robert E. Blackburn
United States District Judge