Dedrick v. Wilner et al

Filing 69

ORDER ADOPTING AND AFFIRMING 59 Report and Recommendations of Magistrate Judge Michael J. Watanabe. Denying 38 Plaintiff's Request for Immediate Help; by Judge Christine M. Arguello on 6/21/2010.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-02662-CMA-MJW JERRY LEWIS DEDRICK, Plaintiff, v. J. M. WILNER, Warden, B. GREENWOOD, AHSA, B. CINK, P.A., MRS. REICHERT, P.A., and L. MILUSNIC, A.W., et al., Defendants FEDERAL BUREAU OF PRISONS, Interested Party. ORDER ADOPTING AND AFFIRMING MAY 19, 2010 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The above-entitled and numbered civil action was referred to United States Magistrate Judge Michael J. Watanabe pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). (Doc. # 40.) On May 19, 2010, the Magistrate Judge issued a Report and Recommendation, recommending that Plaintiff's Request for Immediate Help (Doc. # 38) be denied. (Doc. # 59 at 7.) Plaintiff, proceeding pro se, filed objections to the Report and Recommendation. (Doc. # 60.) However, Plaintiff merely asserts the same arguments that he presented in response to a Notice that NonParty Federal Bureau of Prisons had submitted in response to Plaintiff's Request for Immediate Help. (Notice at Doc. # 54; Plaintiff's Notice of Response and Response at Doc. ## 57 and 58.) The Court has conducted a de novo review of this matter, which included the careful review of all relevant pleadings, the Recommendation, Plaintiff's "Motion to Objections to Recommendation on Plaintiff's Request for Immediate Help (Doc. # 58)" (Doc. # 60), "Response by Federal Bureau of Prisons to Plaintiff's Objections to Recommendation [Doc. #60]" (Doc. #67), and "Plaintiff's Response & Reply to Defendant's Response by Federal Bureau of Prisons to Plaintiff's Objections to Recommendation [Doc. 60]" (Doc. #68). The Court finds that Plaintiff fails to raise any new issues of law or fact warranting a result different from that reached by Magistrate Judge Watanabe in his Recommendation. The Court also finds Plaintiff's objections are without merit. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby AFFIRMS and ADOPTS the Recommendation of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, IT IS ORDERED that: (1) (2) The May 19, 2010 Recommendation of Magistrate Judge Michael J. Watanabe (Doc. # 59) is AFFIRMED and ADOPTED; and Plaintiff's "Request for Immediate Help" (Doc. #38) is DENIED. 21 , 2010 BY THE COURT: DATED: June ________________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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