Opinion
Civil Action No. 12-cv-03317-REB-KLM
07-30-2015
JAMES FAIRCLOTH, Plaintiff, v. MARQUEZ, Correctional Officer, in his individual capacity, and TOM BENEZE, Lt., in his individual capacity, Defendants.
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#135], filed June 24, 2015. 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 such error in the recommended disposition, I find and conclude that the magistrate judge's recommendation should be approved and adopted.
"[#135]" 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.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez , 418 F.3d at 1122. Nevertheless, 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)). --------
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#135], filed June 24, 2015, is approved and adopted as an order of this court; and
2. That defendants' Motion for Summary Judgment [#130], filed June 12, 2015, is denied without prejudice to refile after the stay is lifted
Dated July 30, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge