Greenwood v. Maketa et al

Filing 59

ORDER approving Magistrate Judge's Recommendation 57 . Plaintiff's Complaint is DISMISSED WITH PREJUDICE, by Judge Lewis T. Babcock on 12/23/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Action No. 10-cv-02187-LTB-BNB
ROBERT A. GREENWOOD,
Plaintiff,
v.
SHERIFF TERRY MAKETA,
LT. HEINLE, EID #90022,
COMMANDER R. KING, EID #88010
PROGRAMS MANAGER FRANK LAPAGE,
COMMANDER WILLIAM C. MISTRETTA, EID #74001,
ABRIGHT, Aramark, and
LT. BRANDT, EID #95011, et al.,
Defendants.
________________________________________________________________________
ORDER
________________________________________________________________________

On December 8, 2011, the Magistrate Judge entered his Recommendation that the
above case be dismissed with prejudice pursuant to D.C.COLO.LCivR 41.1 for his failure
to make monthly payments of 20% of his preceding month’s income until his filing fee was
paid in full or show cause each month that he has no assets with which to make the
monthly payment, all as directed by the Court’s Order of November 8, 2010 (Doc 12) and
October 4, 2011 (Doc 53). Plaintiff has failed to file specific written objections to the
Magistrate Judge’s Recommendation within the Fed.R.Civ.P. 72(b) fourteen day period so
he is barred from de novo review. On December 19, 2011, Plaintiff did file the following
statement “I, Robert A. Greenwood, have been working on getting my account statements

from El Paso County Jail and D.O.C. and the Document that I am sending to the Courts is
the only account statement that Plaintiff has received from his case manager.” While the
account statement dated December 2, 2011 states that Plaintiff has had no reportable
income while incarcerated with Colorado Department of Corrections from August 23, 2011
to the date of the certification, it does not state that he has no inability to make the required
monthly payments of 20% of the preceding month’s income credited to the prisoner’s
account provided the prisoner’s account exceeds $10.00.
This filing does not constitute specific written objections to the Magistrate Judge’s
Recommendation. It further reflects an ongoing non-compliance with the Magistrate
Judge’s Orders made the subject of his Recommendation. Accordingly
IT IS ORDERED that the Magistrate Judge’s Recommendation is approved and
Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.

BY THE COURT:

s/ Lewis T. Babcock
Lewis T. Babcock, Judge
DATED:

December 23, 2011