Sanaah v. Arrellano et al

Filing 66

ORDER. The Recommendation To Deny Motion To Dismiss as Moot and Order Setting Response Deadline 53 filed 06/29/2009, is APPROVED AND ADOPTED as an order of this court. Defendants Motion To Dismiss 32 filed 04/08/2009, is DENIED AS MOOT. By Judge Robert E. Blackburn on 07/27/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-02117-REB-KLM EMMANUEL SANAAH, Plaintiff, v. NURSE DEBB HOWELL, WARDEN ARELLANO, MAJOR SCOTT GROVER, Life Safety Coordinator and Maintenance Supervisor, and MAINTENANCE WORKER LT. BOSLEY, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation To Deny Motion To Dismiss as Moot and Order Setting Response Deadline [#53] filed June 29, 2009. No objections having been filed to the recommendation, I review it only for plain error. See MoralesFernandez 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.

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

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THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation To Deny Motion To Dismiss as Moot and Order Setting Response Deadline [#53] filed June 29, 2009, is APPROVED AND ADOPTED as an order of this court; and 2. That defendants' Motion To Dismiss [#32] filed April 8, 2009, is DENIED AS MOOT. Dated July 27, 2009, at Denver, Colorado. BY THE COURT:

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