Jordan v. United States Department of Justice et al

Filing 75

(VACATED) ORDER. The Recommendation of United States Magistrate Judge 74 , filed 08/14/2009, is APPROVED AND ADOPTED as an order of this court. Defendants Motion for Summary Judgment and Supporting Brief 53 , filed 11/17/2008 is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. The dispositive motions deadline is EXTENDED to 10/05/2009. By Judge Robert E. Blackburn on 09/08/2009.(sah, ) Modified on 9/23/2009 to VACATE pursuant to the Amended Order dated 09/22/2009(sah, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-02303-REB-KLM MARK JORDAN, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, and FEDERAL BUREAU OF PRISONS, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matters before me are (1) the Recommendation of United States Magistrate Judge [#74], filed August 14, 2009; and (2) defendants' Motion for Summary Judgment and Supporting Brief [#53], filed November 17, 2008. No objections having been timely 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:

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

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1. That the Recommendation of United States Magistrate Judge [#74], filed August 14, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That defendants' Motion for Summary Judgment and Supporting Brief [#53], filed November 17, 2008, is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART: a. That the motion is DENIED WITHOUT PREJUDICE with respect to the adequacy of the search by the Board of Prisons for records responsive to Claim II; and b. That the motion is in all other respects GRANTED; and 3. That the dispositive motions deadline is EXTENDED to Monday, October 5, 2009; provided furthermore: a. That defendants are prospectively granted an exemption from the operation of REB Civ. Practice Standard III.B.1., and may file a supplemental summary judgment brief (not to exceed 15 pages) and supporting documentation addressing the adequacy of their search for records responsive to Claim II; b. That plaintiff may file a response (not to exceed 15 pages) in the time permitted by D.C.COLO.LCivR 7.1C ; and c. That defendant may file a reply (not to exceed 10 pages) in the time permitted by D.C.COLO.LCivR 7.1C. Dated September 8, 2009, at Denver, Colorado. BY THE COURT:

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