Smith v. Gibson et al

Filing 57

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ORDER. Recommendation of United States Magistrate Judge 56 is APPROVED AND ADOPTED. Defendant's Motion For Summary Judgment 36 is GRANTED. Plaintiff's claims agai nst defendant are DISMISSED WITH PREJUDICE. Judgment SHALL ENTER on behalf of defendant Cpt. Scott Gibson against plaintiff Nicky L. Smith on all claims for relief and causes of action, provided, that the judgment shall be with prejudice. Defendant is AWARDED his costs to be taxed by the clerk of the court. By Judge Robert E. Blackburn on 8/24/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02559-REB-KLM
NICKY L. SMITH,
Plaintiff,
v.
CPT. SCOTT GIBSON,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#56]1 filed July 18, 2012. 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

“[#56]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management 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 Recommendation of United States Magistrate Judge [#56] filed
July 18, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant’s Motion For Summary Judgment [#36] filed October 31,
2011, is GRANTED;
3. That plaintiff’s claims against defendant are DISMISSED WITH PREJUDICE;
4. That judgment SHALL ENTER on behalf of defendant Cpt. Scott Gibson
against plaintiff Nicky L. Smith on all claims for relief and causes of action; provided,
that the judgment shall be with prejudice; and
5. That defendant is AWARDED his costs to be taxed by the clerk of the court
pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated August 24, 2012, at Denver, Colorado.
BY THE COURT:

2