Lisco v. State of Colorado Department of Corrections et al

Filing 68

ORDER. The Recommendation of United States Magistrate Judge 63 filed7/28/2011, is APPROVED and ADOPTED. he Recommendation of United States Magistrate Judge 64 filed 7/28/2011, is APPROVED and ADOPTED. The plaintiffs Motion for TRO and/or Prelim inary Injunction pursuant to Fed.R. Civ.P, 65 9 filed 10/4/2010, is DENIED. Under FED. R. CIV. P. 12(b)(6), the Motion To Dismiss 37 filed 2/16/2011, by defendants, Dr. Tim Creany, M.D., and Michael S. Walsh, is GRANTED. All of the plaintiffs c laims against defendants, Dr. Tim Creany, M.D., and Michael S. Walsh, are DISMISSED with prejudice. Defendants, Dr. Tim Creany, M.D., and Michael S. Walsh, are DROPPED from this action, and the caption of this case shall be AMENDED accordingly. By Judge Robert E. Blackburn on 9/16/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02206-REB-BNB
GREGORY LAY LISCO,
Plaintiff,
v.
DR. TIM CREANY, MD, Medical Provider, Freemont Correctional Facility,
MICHAEL S. WALSH, Physician Assistant, Freemont Correctional Facility,
DR. WRIGHT, MD, Medical Provider, Cheyenne Mountain Re-Entry Center,
NURSE SERENE BEALL, Intake Nurse, Cheyenne Mountain Re-Entry Center,
OC BAKER, Intake Technician, Cheyenne Mountain Re-Entry Center,
MS. TREDWAY, Case Manager, Cheyenne Mountain Re-Entry Center, and
MR. LONDON, Case Manager, Cheyenne Mountain Re-Entry Center,
Defendants.

ORDER ADOPTING RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the plaintiff’s Motion for TRO
and/or Preliminary Injunction pursuant to Fed.R. Civ.P, 65 [#9]1 filed October 4,
2010; (2) defendants Creany and Walsh’s Motion To Dismiss [#37] filed February 16,
2011; (3) the Recommendation of United States Magistrate Judge [#63] filed July
28, 2011; and (4) the Recommendation of United States Magistrate Judge [#64] filed
July 28, 2011. No party has filed objections to the recommendations. I approve and
adopt the recommendations, deny the plaintiff’s motion for temporary restraining order,

1

“[#9]” 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.

and grant the motion to dismiss of defendants Creany and Walsh.
Because the plaintiff is proceeding pro se, I have construed his pleadings and
other filings 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 (2007);
Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d
1106, 1110 (10th Cir. 1991).
Because no party filed objections to the recommendations, I review the
recommendations only for plain error. See Morales-Fernandez v. Immigration &
Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no error, much
less plain error, in the magistrate judge’s recommended dispositions, I approve and
adopt the recommendations, deny the motion for temporary restraining order and
preliminary injunction, and grant the motion to dismiss.
The plaintiff’s complaint concerns medical treatment he received for an injury he
suffered while incarcerated in the Colorado Department of Corrections. Addressing the
motion for temporary restraining order [#9] and the motion to dismiss [#37], the
magistrate judge details correctly the applicable legal standards and applies those
standards correctly to the plaintiff’s allegations. Based on this analysis, the magistrate
judge’s recommendations that the motion for temporary restraining order [#9] be denied
and the motion to dismiss [#37] be granted are correct.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#63] filed
July 28, 2011, is APPROVED and ADOPTED as an order of this court;

2

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

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2. That the Recommendation of United States Magistrate Judge [#64] filed
July 28, 2011, is APPROVED and ADOPTED as an order of this court;
3. That the plaintiff’s Motion for TRO and/or Preliminary Injunction pursuant
to Fed.R. Civ.P, 65 [#9] filed October 4, 2010, is DENIED;
4. That under FED. R. CIV. P. 12(b)(6), the Motion To Dismiss [#37] filed
February 16, 2011, by defendants, Dr. Tim Creany, M.D., and Michael S. Walsh, is
GRANTED;
5. That all of the plaintiff’s claims against defendants, Dr. Tim Creany, M.D., and
Michael S. Walsh, are DISMISSED with prejudice;
6. That defendants, Dr. Tim Creany, M.D., and Michael S. Walsh, are
DROPPED from this action, and the caption of this case shall be AMENDED
accordingly.
Dated September 16, 2011, at Denver, Colorado.
BY THE COURT:

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