Allen v. Reid et al

Filing 177

ORDER ADOPTING AND AFFIRMING 161 Report and Recommendations of the United States Magistrate Judge as the findings and conclusions of this Court. Granting 118 Defendants Motion for Summary Judgment, by Judge Christine M. Arguello on 2/18/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 07-cv-01224-CMA-MJW SHAWN D. ALLEN, Plaintiff, v. SGT. SCHMUTZLER, Defendant. ORDER ADOPTING AND AFFIRMING OCTOBER 23, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The above-entitled and numbered civil action was referred to United States Magistrate Judge Michael J. Watanabe pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). On October 23, 2009, the Magistrate Judge issued a Report and Recommendation, recommending Defendant's Motion for Summary Judgment be granted. (Doc. # 161.) Plaintiff, proceeding pro se, filed objections to the Report and Recommendation. (Doc. # 166.) However, Plaintiff merely asserts the same arguments that he presented in opposition to Defendant's Motion for Summary Judgment, i.e., he does not raise any new legal or factual issues in his Objection. The Court has conducted a de novo review of this matter, including carefully reviewing all relevant pleadings, the Report and Recommendation, and Plaintiff's Objections to the Report and Recommendation. The Court finds Plaintiff's objections are without merit. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are

correct. Therefore, the Court hereby ADOPTS the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is ORDERED that Defendant's Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56 (Doc. # 118) is GRANTED. DATED: February 18 , 2010 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

2