Arocho v. Lappin et al

Filing 152

ORDER. The Recommendation of United States Magistrate Judge 131 filed 01/14/2009 is APPROVED AND ADOPTED. Plaintiffs objections as stated in the Objection to United States Magistrate Judge Recommendation 143 filed 01/23/2009 are OVERRULED. Defen dants Nafziger, Wiley, and Lappins Motion To Dismiss 65 filed 06/30/2008, is GRANTED. All pending motions are DENIED AS MOOT. Plaintiffs claims against defendants are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendants, S. Nafzig er, Clinical Director, Ron Wiley, Warden of the USP Penitentiary-ADX, and Harley Lappin, Federal Bureau of Prisons Director, and against plaintiff, Norberto Perez Arocho, as to all claims for relief and causes of action. Defendants are AWARDED their costs by Judge Robert E. Blackburn on 02/24/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-002603-REB-KLM NORBERTO PEREZ AROCHO, Plaintiff, v. S. NAFZINGER, Clinical Director, RON WILEY, The Warden of USP Penitentiary - ADX, and HARLEY G. LAPPIN, Federal Bureau of Prison - Director, Defendants. ORDER OVERRULING OBJECTIONS TO AND ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matters before me are (1) the Recommendation of United States Magistrate Judge [#131] filed January 14, 2009; and (2) plaintiff's Objection to United States Magistrate Judge Recommendation [#143] filed January 23, 2009. I overrule the objections, adopt the recommendation, and grant defendants' motion to dismiss. As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed, and have considered carefully the recommendation, objections, and applicable caselaw. In addition, because 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. Erickson v. Pardus, 551 U.S. 89 ___, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991)

(citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). The recommendation is detailed and well-reasoned. Plaintiff's objections are imponderous and without merit. Therefore, 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 [#131] filed January 14, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That plaintiff's objections as stated in the Objection to United States Magistrate Judge Recommendation [#143] filed January 23, 2009, are OVERRULED; 3. That Defendants Nafziger, Wiley, and Lappin's Motion To Dismiss [#65] filed June 30, 2008, is GRANTED; 4. That all pending motions are DENIED AS MOOT; 5. That plaintiff's claims against defendants are DISMISSED WITH PREJUDICE; 6. That judgment SHALL ENTER on behalf of defendants, S. Nafziger, Clinical Director, Ron Wiley, Warden of the USP Penitentiary-ADX, and Harley Lappin, Federal Bureau of Prisons Director, and against plaintiff, Norberto Perez Arocho, as to all claims for relief and causes of action; and

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7. That defendants are AWARDED their costs to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d) and D.C.COLO.LCivR 54.1. Dated February 24, 2009, at Denver, Colorado. BY THE COURT:

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