Holt v. Hill et al

Filing 37

ORDER. The Recommendation of United States Magistrate Judge 36 filed 07/26/2010, is APPROVED AND ADOPTED. Defendants Motion For Judgment on the Pleadings 29 filed 06/16/2010, is GRANTED. Plaintiffs claims against defendant are DISMISSED WITH PR EJUDICE. The Trial Preparation Conference, currently scheduled for 12/17/2010, at 10:30 a.m., as well as the trial, currently set to commence on 01/03/2011, are VACATED. Judgment SHALL ENTER on behalf of defendant, Ralph A. Gagliardi, Detective Sgt. , Trinidad Police Department, against plaintiff, Doyle Holt, Sr., as to all claims for relief and causes of action asserted in this action. Defendant, Ralph A. Gagliardi, Detective Sgt., Trinidad Police Department, is AWARDED his costs. By Judge Robert E. Blackburn on 10/25/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02033-REB-KLM DOYLE HOLT, SR., Plaintiff, v. RALPH A. GAGLIARDI, Detective Sgt., Trinidad Police Department, Defendant. ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#36] filed July 26, 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 [#36] filed July 26, 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. 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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2. That Defendant's Motion For Judgment on the Pleadings [#29] filed June 16, 2010, is GRANTED; 3. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE; 4. That the Trial Preparation Conference, currently scheduled for Friday, December 17, 2010, at 10:30 a.m., as well as the trial, currently set to commence on Monday, January 3, 2011, are VACATED; 5. That judgment SHALL ENTER on behalf of defendant, Ralph A. Gagliardi, Detective Sgt., Trinidad Police Department, against plaintiff, Doyle Holt, Sr., as to all claims for relief and causes of action asserted in this action; and 6. That defendant, Ralph A. Gagliardi, Detective Sgt., Trinidad Police Department, 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 October 25, 2010, at Denver, Colorado. BY THE COURT:

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