Opinion
Civil Case No. 11-cv-01741-REB-KLM
11-17-2011
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 ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation contained within the magistrate judge's Order and Recommendation of United States Magistrate Judge [#37] filed October 18, 2011. 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 error - let alone plain error - in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.
"[#37]" 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 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)).
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THEREFORE, IT IS ORDERED as follows:
1. That the recommendation contained within the magistrate judge's Order and Recommendation of United States Magistrate Judge [#37] filed October 18, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff's claims against defendant, Dr. Thistlewaite, are DISMISSED WITHOUT PREJUDICE for failure to effect timely service of process; and
3. That defendant, Dr. Thistlewaite, is DROPPED as a named party to this action, and the case caption is AMENDED accordingly.
Dated November 17, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge