Fluker v. Federal Bureau of Prisons et al

Filing 115

ORDER. Affirming and adopting Report and Recommendation 111 . Granting 98 Defendants' Motion for Summary Judgment on the Second Amended Complaint in favor of defendants and against plaintiff. Complaint and civil action are dismissed with prejudice, by Judge Christine M. Arguello on 7/22/10.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 07-cv-02426-CMA-CBS EDDIE DEAN FLUKER, Plaintiff, v. FEDERAL BUREAU OF PRISONS, NEWTON E. KENDIG, R. BAUER, STEVEN NAFZIGER, and RONNIE WILEY, Defendants. ORDER ADOPTING AND AFFIRMING MAY 25, 2010 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Defendants' Motion for Summary Judgment (Doc. # 98), filed December 7, 2009. The motion was referred to Magistrate Judge Craig B. Shaffer for a Recommendation. On May 25, 2010, Magistrate Judge Shaffer issued a Recommendation (Doc. # 111) that Defendants' Motion for Summary Judgment be granted and that summary judgment be entered in favor of Defendants and against Plaintiff. (Recommendation at 26.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). The Recommendation advised the parties that specific written objections were due within 14 days after being served with a copy of the Recommendation. (Recommendation 26-27.) On June 15, 2010, the Court granted Plaintiff an additional

14-day extension to file any objection to the Report and Recommendation which gave Plaintiff until June 21, 2010, to file his objections (Doc. # 114). To date, Plaintiff has not
filed any written objections to the Magistrate Judge's Recommendation. The Court has reviewed the Magistrate Judge's Recommendation, and finds that it is correct and should be accepted. Accordingly, it is

ORDERED that the Recommendation of United States Magistrate Judge Craig B. Shaffer (Doc. # 111), filed May 25, 2010, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. # 98), filed December 7, 2009, is GRANTED and that summary judgment be entered on the Second Amended Complaint (Doc. # 65) in favor of Defendants and against Plaintiff. It is FURTHER ORDERED that the Complaint and this civil action are DISMISSED WITH PREJUDICE. DATED: July 22 , 2010 BY THE COURT:

___________________________ CHRISTINE M. ARGUELLO United States District Judge

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