Hatchett v. Ortiz

Filing 64

ORDER approving and adopting Report and Recommendations re 55 Report and Recommendations. The Trial Preparation Conference, currently scheduled for Friday, July 27, 2012, at 3:00 p.m., as well as the trial, currently scheduled to commence on July 30, 2012, at 8:30 a.m., are VACATED and CONTINUED, pending further order of the court. By Judge Robert E. Blackburn on 7/26/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01659-REB-BNB
MICHAEL HATCHETT,
Plaintiff,
v.
DEPUTY ORTIZ,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation to continue the trial in this matter
contained in the Recommendation of United States Magistrate Judge [#55]1 filed
July 9, 2012. No objection having been filed, I review the recommendation for plain
error only. 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

“[#55]” 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 Recommendation of United States Magistrate Judge [#55] filed July
9, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That the Trial Preparation Conference, currently scheduled for Friday, July 27,
2012, at 3:00 p.m., as well as the trial, currently scheduled to commence on July 30,
2012, at 8:30 a.m., are VACATED and CONTINUED, pending further order of the court.
Dated July 26, 2012, at Denver, Colorado.
BY THE COURT: