Hankins v. Kempthorne

Full title: TERRY HANKINS, Plaintiff, v. DIRK KEMPTHORNE, Acting as Secretary of…

Court: United States District Court, D. Colorado

Date published: Feb 23, 2007

Civil Case No. 06-cv-02172-REB-BNB (D. Colo. Feb. 23, 2007)

Opinion

Civil Case No. 06-cv-02172-REB-BNB.

February 23, 2007

ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

This matter is before me on the Recommendation of the United States Magistrate Judge [#10], filed January 18, 2007. The Magistrate Judge recommends that the plaintiff's Motion for Stay [#5], filed January 8, 2007, be read as a motion for a temporary restraining order and that the motion be denied. I approve and adopt the recommendation.

Because the 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 Hall v. Belmon, 935 F.2d 1106, 1110 (10^th Cir. 1991). The plaintiff has not filed any objections to the recommendation. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v. Immigration Naturalization Service, 418 F.3d 1116, 1122 (10^th Cir. 2005).¹ The recommendation is detailed and well-reasoned. Therefore, I find and conclude that the arguments advanced, the authorities cited, and the findings of fact, conclusions of law and recommendations proposed by the Magistrate Judge should be approved and adopted.

1 This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of the United States Magistrate Judge [#10], filed January 18, 2007, is APPROVED AND ADOPTED as an order of this court;and

2. That the plaintiff's Motion for Stay [#5], filed January 8, 2007, which I read as a motion for a temporary restraining order, is DENIED.