Walker v. Meyer et al

Filing 127

ORDER. The Recommendation of United State07/28/2009, is APPROVED AND ADOPTED. Defendant Elaine Meyers Motion For Summary Judgment 105 filed 05/29/2009, is GRANTED. Defendant Dr. Pitchers Motion For Summary Judgment 107 filed05/29/2009, is GRANTED . Plaintiffs claims against defendants, Elaine Meyer and Jill Pitcher, are DISMISSED WITH PREJUDICE. The Trial Preparation Conference, currently scheduled for 10/02/2009, at 9:30 a.m., as well as the trial, currently set to commence on Monday, 10/1 9/2009, are VACATED. Judgment SHALL ENTER on behalf of defendants, Elaine Meyer and Jill Pitcher, against plaintiff, Clarence A. Walker. Judgment further SHALL ENTER on behalf of defendants, Lieutenant Harry Courtney, misidentified in the original c aption as Lt. Cortney, and Trent Rold, D.D.S., identified in the caption as Dentists (sic) Rold, and against plaintiff, Clarence A. Walker, as to all claims for relief and causes of action asserted against them in this action, in accordance with my prior Order Adopting Recommendation of United States Magistrate Judge 79 entered Apri04/07/2009. All defendants are AWARDED their costs. By Judge Robert E. Blackburn on 09/28/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01911-REB-KLM CLARENCE A. WALKER, Plaintiff, v. ELAINE MEYER, DENTIST'S ROLD, LT. CORTNEY, JILL PITCHER, Defendants. ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge and Order Denying Motions as Moot [#119]1 filed July 28, 2009. 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).2 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and
"[#119]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order. This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. Of course, 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. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
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adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge and Order Denying Motions as Moot [#119] filed July 28, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That Defendant Elaine Meyer's Motion For Summary Judgment [#105] filed May 29, 2009, is GRANTED; 3. That Defendant Dr. Pitcher's Motion For Summary Judgment [#107] filed May 29, 2009, is GRANTED; 4. That plaintiff's claims against defendants, Elaine Meyer and Jill Pitcher, are DISMISSED WITH PREJUDICE; 5. That the Trial Preparation Conference, currently scheduled for Friday, October 2, 2009, at 9:30 a.m., as well as the trial, currently set to commence on Monday, October 19, 2009, are VACATED; 6. That judgment SHALL ENTER on behalf of defendants, Elaine Meyer and Jill Pitcher, against plaintiff, Clarence A. Walker, on all claims for relief and causes of action asserted against them in this action; 7. That judgment further SHALL ENTER on behalf of defendants, Lieutenant Harry Courtney, misidentified in the original caption as "Lt. Cortney," and Trent Rold, D.D.S., identified in the caption as "Dentist's (sic) Rold," and against plaintiff, Clarence A. Walker, as to all claims for relief and causes of action asserted against them in this action, in accordance with my prior Order Adopting Recommendation of United

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States Magistrate Judge [#79] entered April 7, 2009; and 8. That all 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 September 28, 2009, at Denver, Colorado. BY THE COURT:

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