Opinion
Civil Case No. 10-cv-02176-REB-BNB
06-05-2012
AARON JORDAN, Plaintiff, v. S. FULLER, (Programs Coordinator) ADAMS COUNTY "official capacity," Defendants.
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 Sterritt Fuller's Motion For Summary Judgment [#47] filed September 30, 2011; and (2) the Recommendation of United States Magistrate Judge [#60] filed January 17, 2012. The plaintiff filed objections [#61] to the recommendation. I overrule the objections, approve and adopt the recommendation, and grant the motion for summary judgment.
"[#47]" 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.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed. I have considered carefully the recommendation, objections, and applicable caselaw.
Because plaintiff is proceeding pro se, I have construed his pleadings and other filings 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)). However, I have not acted as an advocate for the plaintiff.
The recommendation is detailed and well-reasoned. Contrastingly, the plaintiff's objections are without merit.
The plaintiff, Aaron Jordan, was incarcerated at the Adams County Detention Facility in the fall of 2009. In his complaint [#7], Mr. Jordan alleges that he made several requests to be placed on a vegetarian diet for religious and medical reasons, but that those requests were denied. As a result, Mr. Jordan felt compelled to attempt to trade food with fellow inmates, which exposed him to a known risk of violence. Complaint [#7], 3-6. In his complaint, Mr. Jordan alleges a Fourteenth Amendment claim for a violation of his right to due process and equal protection, an Eighth Amendment claim, and a First Amendment claim.
The magistrate judge recommends that the defendant's motion [#47] be granted and that summary judgment enter in favor of defendant Sterritt Fuller on all of the plaintiff's claims. I agree with the magistrate judge's analysis and conclusions.
Finally, I note that Adams County is listed in the caption of this case. However, my review of the operative complaint [#7] indicates that the plaintiff did not name Adams County as a defendant in this case. Prisoner Complaint [#7], pp. 1 - 2. The plaintiff used the words "Adams County" in the caption to describe the role of defendant Sterritt Fuller. Thus, I order that Adams County be dropped as a defendant in this case.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#60] filed January 17, 2012, is APPROVED and ADOPTED as an order of this court;
2. That defendant Sterritt Fuller's Motion For Summary Judgment [#47] filed September 30, 2011, is GRANTED as to the plaintiff's Fourteenth Amendment claim;
3. That defendant Sterritt Fuller's Motion For Summary Judgment [#47] filed September 30, 2011, is GRANTED as to the plaintiff's Eighth Amendment claim;
4. That defendant Sterritt Fuller's Motion For Summary Judgment [#47] filed September 30, 2011, is GRANTED as to the plaintiff's First Amendment claim;
5. That the plaintiff's objections [#61] are OVERRULED;
6. That putative defendant Adams County is DROPPED as a named defendant in this case;
7. That JUDGMENT SHALL ENTER in favor of defendant Sterritt Fuller against the plaintiff Aaron I. Jordan;
8. That the defendant is AWARDED his costs to be taxed by the clerk of the court in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and
9. That this case is CLOSED.
Dated June 5, 2012, at Denver, Colorado.
BY THE COURT:
_______________
Robert E. Blackburn
United States District Judge