Sharp v. Bill Ritter

Filing 63

ORDER Adopting and Approving 62 Report and Recommendations. granting 51 Respondents Motion to Dismiss; denying 44 Motion to Amend/Correct/Modify; That plaintiff's Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE. Signed by Judge Robert E. Blackburn on 2/7/08.(erv, )

Sharp v. Bill Ritter

Doc. 63

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-00107-REB-BNB MARTHA ANN SHARP, Appli cant, v. BILL RITTER, Governor of Colorado, and NOBLE WALLACE, Warden DWCF, Respondents.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Amended Recommendation of United States Magistrate Judge [#62], filed January 14, 2008. 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 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.2

This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122. I note also that the magistrate judge's recommendation that petitioner's Application be dismissed with prejudice is supported by the law of this circuit. See United States v. Hanzlicek, 187 F.3d 1219, 1221 (10th Cir. 1999).
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THEREFORE, IT IS ORDERED as follows: 1. That the Amended Recommendation of United States Magistrate Judge [#62], filed January 14, 2008, is APPROVED AND ADOPTED as an order of this court; 2. That respondents' Motion To Dismiss [#51], filed December 20, 2007, is GRANTED; 3. That plaintiff's Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE; 4. That judgment SHALL ENTER for defendants, Bill Ritter and Noble Wallace, and against plaintiff, Martha Ann Sharp, on all claims and causes of action; and 5. 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 February 7, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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