Kailey v. Ritter et al

Filing 47

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE granting 34 Motion to Dismiss; granting 45 Report and Recommendations. Plaintiff's claims against defendants in both their official and individual capacities are DISMISSED WITH PREJUDICE. Defendants are AWARDED their 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. by Judge Robert E. Blackburn on 7/10/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00145-REB-BNB
RANDY KAILEY,
Plaintiff,
v.
RUEBEN BASTIDOS, individually, and in his official capacity as Swing Shift Security
Commander for the Colorado Territorial Correctional Facility,
THOMAS BENTLEY, individually, and in his official capacity as Swing Shift Security
Staff officer for the Colorado Territorial Correctional Facility,
GREGORY BRADFORD, individually, and in his official capacity as Swing Shift Security
Staff Officer for the Colorado Territorial Correctional Facility, John Doe 1 AND 2, in their
individual capacities and as Officers for the Sterling, Colorado and Colorado Territorial
Correctional Facilities,
MARK BUTTONS, individually, and in his official capacity as Day Shift Kitchen Line
Officer for the Colorado Territorial Correctional Facility,
MARY KEEGAN, individually, and in her official capacity as Day Shift Kitchen Line
officer for the Colorado Territorial Correctional Facility, and
WALTER FORWARD, individually, and in his official capacity as Day Shift Maintenance
officer for the Colorado Correctional Facility,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#45]1 filed June 19, 2012. No objections having been filed to the
recommendation, I review it only for plain error. See Morales-Fernandez v.

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“[#45]” 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.

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 recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#45] filed
June 19, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That defendants’ Motion To Dismiss [#34] filed January 25, 2012, is
GRANTED;
3. That plaintiff’s claims against defendants in both their official and individual
capacities are DISMISSED WITH PREJUDICE;
4. That judgment shall enter on behalf of defendants, Ruben Bastidos,
individually, and in his official capacity as Swing Shift Security Commander for the
Colorado Territorial Correctional Facility; Thomas Bentley, individually, and in his
official capacity as Swing Shift Security Staff officer for the Colorado Territorial
Correctional Facility; Gregory Bradford, individually, and in his official capacity as Swing
Shift Security Staff Officer for the Colorado Territorial Correctional Facility, John Doe 1
AND 2, in their individual capacities and as Officers for the Sterling, Colorado and
Colorado Territorial Correctional Facilities; Mark Buttons, individually, and in his official
capacity as Day Shift Kitchen Line Officer for the Colorado Territorial Correctional

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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)).

2

Facility; Mary Keegan, individually, and in her official capacity as Day Shift Kitchen Line
officer for the Colorado Territorial Correctional Facility; and Walter Forward, individually,
and in his official capacity as Day Shift Maintenance officer for the Colorado
Correctional Facility against plaintiff, Randy Kailey, on all claims for relief and causes of
action; provided, that the judgment shall be with prejudice; and
5. That defendants are AWARDED their 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 July 10, 2012, at Denver, Colorado.
BY THE COURT:

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