Opinion
Civil Case No. 10-cv-01375-REB-KLM
10-28-2011
JOSHUA E. WINGFIELD, Plaintiff, v. SHERIFF J. GRAYSON ROBINSON, NURSE McMILLAN, NURSE EPHRAIM, NURSE LUCIENDA, NURSE ROY, ELAYNE MEYERS, DEPUTY CARTER, DEPUTY EMERSON, and DR. THOMPSON, Defendants.
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 [#111] filed August 10, 2011; and (2) plaintiff's Objection to
"[#111]" 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.
Recommendation of United States Magistrate Judge [#112] filed August 24, 2011. I overrule the objection, adopt the recommendation, and grant the motions for summary judgment to which the recommendation pertains.
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.
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)). However, I have not acted as an advocate for the plaintiff.
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 [#111] filed August 10, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That the objections stated by the plaintiff in the Objection to Recommendation of United States Magistrate Judge [#112] filed August 24, 2011,
are OVERRULED;
3. That the Motion for Summary Judgment on Behalf of Defendants Sheriff J. Grayson Robinson, Nurse McMillan, Nurse Ephraim, Nurse Lucienda, Nurse Roy, Elayne Meyers, Deputy Carter, and Deputy Emerson [#81] filed April 21, 2011, is GRANTED;
4. That Defendant Thompson's Motion To Join Motion for Summary Judgment [#88] filed May 5, 2011, is GRANTED.
5. That plaintiff's claims against all remaining defendants are DISMISSED WITH PREJUDICE;
6. That judgment SHALL ENTER on behalf of defendants, Sheriff J. Grayson Robinson, Roy McMillan (identified in the caption as "Nurse McMillan" and "Nurse Roy"), Efrain Ubinas (identified in the caption as "Nurse "Ephraim"), Lucia Azocar (identified in the caption as "Nurse Lucienda"), Elaine Meyer (identified in the caption as "Elayne Meyers"), Deputy Carter, and Deputy Emerson, against plaintiff, Joshua E. Wingfield, as to all claims for relief and causes of action; provided, that the judgment as to the claims against these defendants shall be with prejudice;
7. That judgment also SHALL ENTER on behalf of the former defendant, Dr. Jill Pitcher, against plaintiff, Joshua E. Wingfield, in accordance with former Senior Judge Zita L. Weinshienk's Order [#77] filed March 24, 2011; provided, that the judgment as to the claims against this defendant shall be without prejudice; and
8. That defendants are AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated October 28, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge