Opinion
Civil Case No. 08-cv-01355-REB-KMT
08-09-2011
STEVEN WILSON, aka PAUL RATEAU, Plaintiff, v. CATHY HOLST, Manager, Office of Correctional Legal Services, Defendant.
Judge Robert E. Blackburn
ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States Magistrate Judge [#138], filed April 6, 2011; and (2) Plaintiff's Objection to the Magistrate Judge's Recommendation [#146], filed May 31, 2011. I overrule the objections, adopt the recommendation, and deny plaintiff's Motion for Enlargement of Time [#71], filed November 2, 2009.
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, and have considered carefully the recommendation, objections, and applicable caselaw. Moreover, 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)).
The recommendation is detailed and well-reasoned. Contrastingly, plaintiff's objection is imponderous and without merit. Therefore, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#138], filed April 6, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That the objections stated in Plaintiff's Objection to the Magistrate Judge's Recommendation [#146], filed May 31, 2011, are OVERRULED;
3. That plaintiff's Motion for Enlargement of Time [#71], filed November 2, 2009, is DENIED; and
4. That plaintiff's Renewed Motion To Send the Matter Back to the Magistrate Judge with Instructions [#118], filed February 7, 2011, is DENIED AS MOOT.
Dated August 9, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge