Whitington v. Moschetti et al

Filing 145

ORDER. Plaintiffs Motion to Amend the Plaintiffs Complaint 131 isDENIED. By Judge Lewis T. Babcock on 01/21/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 07-cv-00663-LTB-KMT MICHAEL WHITINGTON, Plaintiff, v. LT. STEINBECK, CAPT. BUTLER and Limon's IWLP Supervisor, WARDEN ESTEP, CAPT. MICHAELS, THOMAS BULLARD, WILLIAM ZALMAN, JOE ORTIZ, in his individual capacicty, and CHERYL SMITH, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge that Plaintiff's Motion to Amend the Plaintiff's Complaint (Doc 131 - filed November 30, 2009) be denied. The recommendation was issued and served on December 30, 2009. Plaintiff filed timely written objections to the recommendation on January 20, 2010. Although the standard of review under Fed.R.Civ.P. 72 may well be whether the Magistrate Judge's recommendation was clearly erroneous or contrary to law, I nevertheless will consider the recommendation de novo in light of the file and record in this case. On de novo review, I conclude that the recommendation is correct. Accordingly IT IS ORDERED that Plaintiff's Motion to Amend the Plaintiff's Complaint (Doc 131) is DENIED. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: January 21, 2010 2

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