Medina v. Stong et al

Filing 50

ORDER. The Recommendation of United States Magistrate Judge 49 , filed02/25/2010, is APPROVED AND ADOPTED as an order of this court. Defendants Motion To Dismiss or, in the Alternative, for Summary Judgment 33 , filed 04/02/2009, is GRANTED as a mo tion for summary judgment. Plaintiffs claims against defendant are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendants, Don Petross, Sheriff Depute, Jane Doe, Sheriff Deputy, and Sargent [sic] Ron Goodman, Sheriff Deputy, and against plaintiff, Benito Medina, as to all claims and causes of action asserted herein. Defendants are AWARDED their costs. By Judge Robert E. Blackburn on 03/29/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01125-REB-CBS BENITO MEDINA, Plaintiff, v. DON PETROSS, Sheriff Deputy, JANE DOE, Sheriff Deputy, and SARGENT RON GOODMAN, Sheriff Deputy, Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#49], filed February 25, 2010. No objections having been 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: 1. That the Recommendation of United States Magistrate Judge [#49], filed February 25, 2010, is APPROVED AND ADOPTED as an order of this court;

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

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2. That defendants' Motion To Dismiss or, in the Alternative, for Summary Judgment [#33], filed April 2, 2009, is GRANTED as a motion for summary judgment; 3. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE; 4. That judgment SHALL ENTER on behalf of defendants, Don Petross, Sheriff Depute, Jane Doe, Sheriff Deputy, and Sargent [sic] Ron Goodman, Sheriff Deputy, and against plaintiff, Benito Medina, as to all claims and causes of action asserted herein; and 5. That defendants are AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1. Dated March 29, 2010, at Denver, Colorado. BY THE COURT: