DeGarmo et al v. Yorty et al

Filing 49

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Recommendation of United States Magistrate Judge [# 45 ] is APPROVED AND ADOPTED as an order of this court. Defendants' Motion For Summary Judgment Asserting Qualified Im munity [# 27 ] is GRANTED IN PART and DENIED IN PART as moot. The state law claims of the plaintiffs ARE DISMISSED without prejudice. Pursuant to 28 U.S.C. § 1915(a)(3), any appeal taken from this order would not be taken in good faith and that therefore in forma pauperis status is DENIED for purposes of any appeal, by Judge Robert E. Blackburn on 06/08/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01991-REB-KMT
JACQUELINE L. DEGARMO, and
ALISIA E. BLYTHE,
Plaintiffs,
v.
MICHAEL YORTY, both in his individual capacity and as a Glenwood Police Officer, and
CITY OF GLENWOOD SPRINGS, as the City of Glenwood Springs, CO,
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 May 8, 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 recommendation should be approved and adopted.

1

“[#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.
2

This standard pertains even though plaintiffs are proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition, because plaintiffs are proceeding pro se, I have construed their
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 [#45] filed
May 8, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That defendants’ Motion For Summary Judgment Asserting Qualified
Immunity [#27] filed December 16, 2011, is GRANTED IN PART and DENIED IN
PART as moot, as follows:
a. That the motion is GRANTED with respect to plaintiffs’ federal law
claims against defendants, and those claims are DISMISSED WITH
PREJUDICE; and
b. That the motion is DENIED AS MOOT with respect to plaintiffs’
supplemental state law claims against defendants, over which claims the
court DECLINES to exercise supplemental jurisdiction in light of the
dismissal of all federal claims, and that those state law claims are
DISMISSED WITHOUT PREJUDICE;
3. That judgment SHALL ENTER on behalf of defendants, Michael Yorty, both in
his individual capacity and as a Glenwood Police Officer, and City of Glenwood Springs,
as the City of Glenwood Springs, Colorado, against plaintiffs, Jacqueline L. DeGarmo
and Alisia E. Blythe, on all federal claims for relief and causes of action asserted against
them herein; provided, that the judgment as to these claims shall be with prejudice;
4. That the state law claims of the plaintiffs ARE DISMISSED without prejudice;
and
5. That pursuant to 28 U.S.C. § 1915(a)(3), any appeal taken from this order

2

would not be taken in good faith and that therefore in forma pauperis status is DENIED
for purposes of any appeal.
Dated June 8, 2012, at Denver, Colorado.
BY THE COURT:

3