Opinion
Civil Action No. 11-cv-03380-REB-BNB
03-18-2013
HENRY LEE GRIFFIN, JR., Plaintiff, v. JOHN W. HICKENLOOPER, as Governor of the State of Colorado, in his official capacity, Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the defendant's Motion To Dismiss [#28] filed June 15, 2012; and (2) the corresponding Recommendation of United States Magistrate Judge [#50] filed January 4, 2013. The plaintiff filed an objection [#54] to the recommendation. I overrule the objection and approve and adopt the recommendation.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which the plaintiff objects. I have considered carefully the recommendation, the objections, and the applicable case law.
The plaintiff is acting pro se. Therefore, I construe his filings generously and with the leniency due pro se litigants, see Erickson v. Pardus , 551 U.S. 89, 94 (2007); Andrews v. Heaton , 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon , 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner , 404 U.S. 519, 520-21 (1972)).
In his complaint, the plaintiff alleges that certain Colorado statutes and regulations are unconstitutional on their face and as applied to the plaintiff. According to the plaintiff, §13-17.5-102.7, C.R.S. , §17-20-114.5, C.R.S. , DOC Administrative Regulation ("AR") 600-05, and §17-20-115, C.R.S., are unconstitutional on their face and as applied to him. Mr. Griffin alleges violations of his rights under the First, Fifth, and Fourteenth Amendments of the Constitution of the United States.
In the recommendation, the magistrate judge analyzes thoroughly each of the plaintiff's claims and applies correctly the legal standards applicable to a motion to dismiss. The analysis, conclusions, and recommendations of the magistrate judge are correct. In his objection [#54] the plaintiff argues his position that the statutes and regulation he challenges are unconstitutional. I conclude that the arguments asserted by the plaintiff in his objection are not cogent. Granting the motion to dismiss resolves all claims remaining in this case against the sole remaining defendant. Therefore, this case is dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#50] filed January 4, 2013, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P. 12(b)(6), the defendant's Motion To Dismiss [#28] filed June 15, 2012, is GRANTED;
3. That this case is DISMISSED;
4. That JUDGMENT SHALL ENTER in favor of the defendant, John W. Hickenlooper, as Governor of the State of Colorado, against the plaintiff, Henry Lee Griffin, Jr.;
5. That the defendant is AWARDED his 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 March 18, 2013, at Denver, Colorado.
BY THE COURT:
________________________
Robert E. Blackburn
United States District Judge