Edward v. Dubrish

Filing 83

ORDER. The Recommendation of United States Magistrate Judge 82 filed 01/09/2009, is APPROVED AND ADOPTED as an order of this court. The Plaintiffs Verified Emergency Motion for Temporary Restraining Order and Preliminary Injunction 46 filed 07/14/2008, is DENIED by Judge Robert E. Blackburn on 03/06/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No.07-cv-02116-REB-KMT PETER EDWARD, Plaintiff, v. ROBERT E. DUBRISH, Defendant. ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is before me on the following: (1) Plaintiff's Verified Emergency Motion for Temporary Restraining Order and Preliminary Injunction [#46] filed July 14, 2008; and (2) the Recommendation of United States Magistrate Judge [#82] filed January 9, 2009. I deny the motion, and I approve and adopt the magistrate judge's recommendation. None of the parties has filed any objections to the magistrate judge's recommendation. Therefore, I am required only to review the recommendation for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Because the plaintiff is proceeding pro se, I have construed his pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, ___, 127 S.
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This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

Ct. 2197, 2200 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). The recommendation is detailed and well-reasoned. Finding no error, much less plain error, in the magistrate judge's reasoning and recommended disposition, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#82] filed January 9, 2009, is APPROVED AND ADOPTED as an order of this court; and 2. That the Plaintiff's Verified Emergency Motion for Temporary Restraining Order and Preliminary Injunction [#46] filed July 14, 2008, is DENIED. Dated March 6, 2009, at Denver, Colorado. BY THE COURT:

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