Elliott v. Abbott et al

Filing 43

ORDER. The Recommendation of United States Magistrate Judge 34 filed 05/27/2009, is APPROVED AND ADOPTED. Petitioners Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 3 , filed 04/24/2007, is DENIED. Petitioners claims fo r relief are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendants, James E. Abbott and The Attorney General of the State of Colorado, against plaintiff, Andrew Phillip Elliott, as to all claims for relief and causes of action. By Judge Robert E. Blackburn on 07/27/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-00835-REB-KMT ANDREW PHILLIP ELLIOTT, Applicant, v. JAMES E. ABBOTT, and 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 [#34] filed May 27, 2009. 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. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#34] filed May 27, 2009, is APPROVED AND ADOPTED as an order of this court;

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

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2. That petitioner's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 [#3], filed April 24, 2007, is DENIED; 3. That petitioner's claims for relief are DISMISSED WITH PREJUDICE; and 4. That judgment SHALL ENTER on behalf of defendants, James E. Abbott and The Attorney General of the State of Colorado, against plaintiff, Andrew Phillip Elliott, as to all claims for relief and causes of action. Dated July 27, 2009, at Denver, Colorado. BY THE COURT:

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