Trujillo v. No Defendants Named

Filing 70

ORDER. The Second Recommendation of United States Magistrate Judge 65 filed 5/6/2011, is APPROVED AND ADOPTED. Plaintiffs Claim One is DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. Plaintiffs remaining claims ar e DISMISSED WITHOUT PREJUDICE pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. Judgment SHALL ENTER on behalf of defendants, Miss Cambell (Deputy Sheriff), Mr. Christian (Deputy Sheriff), Mr. Cambell (Deputy Sheriff), and Sgt. Miss. Kinner (D eputy Sheriff), against plaintiff, Ronald L. Trujillo, as to all claims for relief and causes of action; provided, that judgment as to Claim One SHALL BE with prejudice, whereas the judgment as to all other claims SHALL BE without prejudice. By Judge Robert E. Blackburn on 8/31/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 09-cv-02523-REB-MEH
RONALD L. TRUJILLO, an individual,
Plaintiff,
v.
MISS CAMPBELL, (Deputy Sheriff),
MR. CHRISTIAN, (Deputy Sheriff),
MR. CAMPBELL, (Deputy Sheriff), and
SGT. MISS. KINNER (Deputy Sheriff),
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Second Recommendation of United States
Magistrate Judge [#65]1 filed May 6, 2011. 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 adopted.

1

“[#65]” 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.
2

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

THEREFORE, IT IS ORDERED as follows:
1. That the Second Recommendation of United States Magistrate Judge
[#65] filed May 6, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff’s Claim One is DISMISSED WITH PREJUDICE pursuant to
Fed.R.Civ.P. 41(b) for failure to prosecute, as detailed fully in the instant and prior
recommendations;
3. That plaintiff’s remaining claims are DISMISSED WITHOUT PREJUDICE
pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute, as detailed fully in the instant
and prior recommendations; and
4. That judgment SHALL ENTER on behalf of defendants, Miss Cambell
(Deputy Sheriff), Mr. Christian (Deputy Sheriff), Mr. Cambell (Deputy Sheriff), and Sgt.
Miss. Kinner (Deputy Sheriff), against plaintiff, Ronald L. Trujillo, as to all claims for
relief and causes of action; provided, that judgment as to Claim One SHALL BE with
prejudice, whereas the judgment as to all other claims SHALL BE without prejudice.
Dated August 31, 2011, at Denver, Colorado.
BY THE COURT:

2