Lewis v. Richardson et al

Filing 35

ORDER. The Recommendation of United States Magistrate Judge 34 , filed 12/3/2010, is APPROVED AND ADOPTED. Defendants Motion for Summary Judgment 25 filed 5/26/2010, is GRANTED. Plaintiffs claims against defendant are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendant, Sgt. M. Richard, against plaintiff, Robert E. Lewis, on all claims for relief and causes of action. Defendant is AWARDED his costs. By Judge Robert E. Blackburn on 12/30/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-01787-REB-BNB ROBERT E. LEWIS, Plaintiff, v. SGT. M. RICHARD, Defendant.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#34] filed December 3, 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 [#34], filed December 3, 2010, is APPROVED AND ADOPTED as an order of this court; and 2. That defendant's Motion for Summary Judgment [#25] filed May 26, 2010, is GRANTED;

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

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3. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE; 4. That judgment SHALL ENTER on behalf of defendant, Sgt. M. Richard, against plaintiff, Robert E. Lewis, on all claims for relief and causes of action; and 5. That defendant is AWARDED his 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 December 30, 2010, at Denver, Colorado. BY THE COURT:

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