Escobar v. Holditch et al

Filing 67

ORDER AFFIRMED AND ADOPTED 36 Report and Recommendations of United States Magistrate Judge; DENYING 21 Plaintiff's Motion for TRO; and/or Motion for Preliminary Injunction by Judge Christine M. Arguello on 9/6/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-02050-CMA-KLM
JOSE MEDINA ESCOBAR,
Plaintiff,
v.
MAJOR C. HOLDITCH,
SERGEANT ROBERTS,
SERGEANT HALSTEAD,
SERGEANT P. BINDER,
C/O CRIDER,
C/O FERGUSON,
C/O MARTIN,
C/O COOPER,
C/O K. VIALPONDO,
C/O ARCHULETA,
C/O A. LOMBARD,
SERGEANT POOL, and
LIEUTENANT T. CHAVEZ,
Defendants.

ORDER AFFIRMING AND ADOPTING JANUARY 7, 2011 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

The above-entitled and numbered civil action was referred to United States
Magistrate Judge Kristen L. Mix pursuant to 28 U.S.C. § 636. On January 7, 2011,
the Magistrate Judge issued an Order and Recommendation (“Recommendation”),
recommending that pro se prisoner Plaintiff Jose Medina Escobar’s Motion for
Temporary Restraining Order and/or a Preliminary Injunction (Doc. # 21) be denied.

(Doc. #36.) On January 27, 2011, Plaintiff filed a Motion for Court to Furnish Plaintiff
with All Legal Pleadings, Orders, etc. Returned to the Court Since December 23, 2010
by This Facility, asserting that between December 24, 2010 and January 19, 2011, all
the legal mail addressed to him was returned to the Court without his knowledge. (Doc.
# 39). This legal mail included the Magistrate Judge’s January 7, 2011 Recommendation. Accordingly, Plaintiff asked the Court to re-send him copies of all documents that
were sent to him during that time period. The Motion was referred to Magistrate Judge
Mix who, on January 31, 2011, directed the Clerk of Court to re-send all such
documents to Plaintiff, despite the fact that no documents had been returned to the
Court as undeliverable. (Doc. # 42.) That same day, the Clerk of Court served by mail
the January 7, 2011 Recommendation. (Doc. # 43.) On February 15, 2011, Plaintiff
filed objections to the Recommendation. (Doc. # 45.) Because Plaintiff filed his
objections within seventeen days of Recommendation’s service, the Court will deem
them timely filed.1
The Court has conducted a de novo review of this matter, including carefully
reviewing all relevant pleadings, the Recommendation, and Plaintiff’s objections.
Plaintiff merely asserts the same arguments he presented in support of his Motion for
Temporary Restraining Order and/or Preliminary Injunction. (Doc. # 21.) Notably,
Plaintiff presents only one legal argument. (Doc. # 45 at 5) (“Injunctive relief is

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Pursuant to Fed. R. Civ. P. 72, objections must be served and filed within fourteen
days after service of a recommendation. Where the recommendation has been served by mail,
three additional days are added. Fed. R. Civ. P. 6(d).

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justifiable in cases on the fairly basic rationale that to extend or augment punishment
beyond that imposed by a state court is to penalize without due process.”). Moreover,
Plaintiff continues to lodge baseless and outlandish allegations of bias and prejudice
against the Court, for which the Court has previously admonished Plaintiff in a related
matter. (See Id. at 4-5; Case No. 06-cv-01222-CMA-KLM, Doc. # 312 at 4, Order
Denying Motion to Recuse Magistrate and Trial Judge (“The Court admonishes Plaintiff
for his incessant practice of [baselessly] insulting the judiciary and making a mockery of
these judicial proceedings. This behavior will no longer be tolerated.”). Based on the
Court’s review, the Court has concluded that the Magistrate Judge’s thorough and
comprehensive analysis and recommendation is correct.
Accordingly, IT IS ORDERED THAT:
(1)

The January 7, 2011 Order and Recommendation of United States
Magistrate Judge (Doc. #36) is AFFIRMED and ADOPTED; and

(2)

Plaintiff’s Motion for Temporary Restraining Order and/or Preliminary
Injunction (Doc. #21) is DENIED.

DATED: September

06

, 2011
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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