Johnson v. Wallace et al

Filing 33

ORDER. The Recommendation of United States Magistrate Judge 27 filed 08/25/2008, is APPROVED AND ADOPTED as an order of this court. Petitioners Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 3 , filed 12/10/2006, is DENIED. Petitioners claims are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendants against petitioner on all claims for relief and causes of action asserted in this action. By Judge Robert E. Blackburn on 10/01/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 06-cv-02012-REB-BNB ROBIN JOHNSON, Petitioner, v. WARDEN NOBLE WALLACE, Denver Women's Correctional Facility, JOE ORTIZ, Director Colorado Department of Corrections, and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#27]1 filed August 25, 2008. Because petitioner is proceeding pro se, I have viewed her filings generously and with the leniency due a pro se litigant, see Erickson v. Pardus, 551 U.S. 89 ___, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d

"[#27]" 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.

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1116, 1122 (10th Cir. 2005).2 Finding no such error in the magistrate judge's recommended disposition, 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 [#27] filed August 25, 2008, is APPROVED AND ADOPTED as an order of this court; 2. That petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 [#3], filed October 10, 2006, is DENIED; 3. That petitioner's claims are DISMISSED WITH PREJUDICE; and 4. That judgment SHALL ENTER on behalf of defendants against petitioner on all claims for relief and causes of action asserted in this action. Dated October 1, 2009, at Denver, Colorado. BY THE COURT:

This standard pertains even though petitioner is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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