Antelope v. Bureau of Prisons et al

Filing 173

ORDER. the Order of Dismissal (Doc 171) issued 4/6/2011 is reaffirmed but in the alternative, on de novo review, having concluded that the Recommendation is correct, the Motion for Summary Judgment will be granted on this basis as well, and the action dismissed with prejudice. By Judge Lewis T. Babcock on 4/11/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE

Civil Case No. 08-cv-00649-LTB-MEH
DAVID EARL ANTELOPE,
Plaintiff,
v.
UNITED STATES OF AMERICA, and
DR. KELLAR,
Defendants.
________________________________________________________________________
ORDER
________________________________________________________________________

On April 6, 2011, I entered my order accepting the Recommendation of the
Magistrate Judge that summary judgment in favor of Defendants be granted and dismissing
the action with prejudice (Doc 171). The order was issued because the Plaintiff failed to
file specific written objections to the Magistrate Judge’s Recommendation and was
therefore barred from de novo review.
On April 8, 2011, the Plaintiff filed written objections to the Magistrate Judge’s
Recommendation (Doc 172). Although late, out of an abundance of caution, I have
undertaken review of the Recommendation de novo in light of the file and record in this
case. Upon such de novo review, I conclude that the Recommendation is correct.
IT IS THEREFORE ORDERED that the Order of Dismissal (Doc 171) issued April
6, 2011 is reaffirmed but in the alternative, on de novo review, having concluded that the

Recommendation is correct, the Motion for Summary Judgment will be granted on this
basis as well, and the action dismissed with prejudice.

BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge
DATED: April 11, 2011

2