Eller v. Touche

Full title: WILLIAM B. ELLER, Plaintiff, v. MR. TOUCHE, MRS. RUCH, MRS. PARK, MRS…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 10, 2016

Civil Action No. 15-cv-02693-REB-MEH (D. Colo. Feb. 10, 2016)

Opinion

Civil Action No. 15-cv-02693-REB-MEH

02-10-2016

WILLIAM B. ELLER, Plaintiff, v. MR. TOUCHE, MRS. RUCH, MRS. PARK, MRS. TAVNER, MR. LEFEVER, MR. RUSSELL, SARAH DARULA, and NICOLE ALBRIGHT, Defendants.

Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matter before me is the Recommendation of United States Magistrate Judge [#25],¹ filed January 15, 2016. No objection having been filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d 1116, 1122 (10^th Cir. 2005).²

1 "[#25]" 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.

2 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 (10^th Cir. 2007); Hall v. Bellmon , 935 F.2d 1106, 1110 (10^th Cir. 1991) (citing Haines v. Kerner , 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)). --------

I perceive no error, much less plain error, in the magistrate judge's recommended disposition. It is plain that plaintiff's transfer to another prison facility moots his request for injunctive relief against officials employed at the prior facility. Accordingly, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#25], filed January 15, 2016, is approved and adopted as an order of this court; and

2. That plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction [#3], filed December 11, 2015, is denied.

Dated February 10, 2016, at Denver, Colorado.

BY THE COURT:

/s/_________

Robert E. Blackburn

United States District Judge