Opinion
Civil Case No. 11-cv-00132-REB-MEH
02-27-2012
MAMADOU FOFANA, Plaintiff, v. OFFICER CLARKSON, OFFICER FRANZ, OFFICER JORDAN, and THE CHAPLAIN OF THE COUNTY JAIL, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate Judge [#59] filed November 8, 2011. No objections the recommendation have been filed by the parties. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. The magistrate judge recommends that this case be dismissed, with prejudice, as a sanction for the plaintiff's failure to prosecute this case and failure to comply with the orders of this court.
"[#59]" 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. 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 [#59] filed December 8, 2011, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P. 41(b), this case is DISMISSED with prejudice;
3. That JUDGMENT SHALL ENTER in favor of the defendants, Officer Clarkson, Officer Franz, Officer Jordan, and The Chaplain of the County Jail, against the plaintiff, Mamadou Fofana;
4. That all pending motions, including the Defendants' Motion for Summary Judgment [#42] filed August 24, 2011, and the Defendants' Motion for Sanctions or, in the Alternative, Motion To Dismiss for Failure To Prosecute [#56] filed October 27, 2011, are DENIED as moot; and
5. That the defendants are AWARDED their costs, to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated February 27, 2012, at Denver, Colorado.
BY THE COURT:
__________________
Robert E. Blackburn
United States District Judge