Opinion
Civil Action No. 12-cv-01483-REB-MEH
04-04-2013
ELIZABETH WOJDACZ, Plaintiff, v. OFFICER JOHN IRELAND, PATRICK MILLER, PENROSE-ST. FRANCIS HEALTHCARE, GARY LEE NORMAN, MICHAEL J. DUNCAN, and CLIFF HUDSON, 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 [#130], filed March 4, 2013; and (2) Plaintiff's Objections to Magistrate Hegarty Recommendations for Defendant Miller and Defendant Penrose Motion for Judgment on the Pleadings [#149], filed April 1, 2013. I overrule the objections, approve and adopt the recommendation, and grant the apposite motions to dismiss.
"[#130]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management 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.
In addition, because plaintiff is proceeding pro se, I have construed her pleadings and papers more liberally and held them to a less stringent standard than formal pleadings drafted by attorneys-at-law. 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 objections are imponderous and without merit. Plaintiff's objections do not go to the substance of the magistrate judge's recommendation or the arguments advanced by defendants in support of their motions to dismiss. Instead, plaintiff's objections consist of nothing more than her unsubstantiated allegations that this court, the magistrate judge, and the attorneys for defendants have conspired together to prevent her from conducting discovery in this matter. Yet, as I found in my Order Denying Plaintiff's Opposed Motion To Recuse Federal Judge Robert E. Blackburn ([#162], filed April 3, 2013), plaintiff has failed to substantiate or circumstantiate these assertions, which are, in fact, baseless.
In addition, the various requests for relief made within the context of these purported objections are improper procedurally.
--------
Thus, I find and conclude that the recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#130], filed March 4, 2013, is APPROVED and ADOPTED as an order of this court;
2. That the objections stated in Plaintiff's Objections to Magistrate Hegarty Recommendations for Defendant Miller and Defendant Penrose Motion for Judgment on the Pleadings [#149], filed April 1, 2013, are OVERRULED;
3. That Defendant Penrose-St. Francis Healthcare's Amended Motion To Dismiss and for Judgment on the Pleadings [#92], filed November 30, 2012, is GRANTED;
4. That Defendant Patrick Miller's Amended Motion To Dismiss and for Judgment on the Pleadings [#94], filed December 4, 2012, is GRANTED;
5. That plaintiff's Third Claim for Relief, as set forth in the Amended Complaint at 30 [#19], filed August 2, 2012, is DISMISSED WITHOUT PREJUDICE;
6. That plaintiff's First Claim for Relief, as set forth in the Amended Complaint at 30 [#19], filed August 2, 2012, is DISMISSED WITH PREJUDICE as against defendants, Patrick Miller and Penrose St.-Francis Healthcare;
7. That at the time judgment enters, judgment SHALL ENTER on behalf of defendants, Patrick Miller and Penrose St.-Francis Healthcare, against plaintiff, Elizabeth Wojdacz, as to the claims asserted against them in this matter; provided, that the judgment as to plaintiff's First Claim for Relief shall be with prejudice and the judgment as to plaintiff's Third Claim for Relief shall be without prejudice; and
8. That defendants, Patrick Miller and Penrose St.-Francis Healthcare, are DROPPED as named parties to this action, and the case caption AMENDED accordingly.
Dated April 4, 2013, at Denver, Colorado.
BY THE COURT:
________________________
Robert E. Blackburn
United States District Judge