Bomprezzi v. Kaprivnikar

Filing 99

ORDER Concerning Recommendations of United States Magistrate Judge. The Recommendation of United States Magistrate Judge [# 81 ] filed April 24, 2013, is APPROVED and ADOPTED. The Motion for Temporary Injunction of Involuntary Antipsychotics Administ ration [# 79 ] filed April 22, 2013, is DENIED. The Recommendation of United States Magistrate Judge [# 93 ] filed October 29, 2013, is APPROVED and ADOPTED as an order of this court. The Defendant's Motion for Summary Judgement [# 87 ] filed September 9, 2013, is GRANTED. This case is DISMISSED with prejudice. By Judge Robert E. Blackburn on 2/27/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-03344-REB-MEH
MEL BOMPREZZI,
Plaintiff,
v.
DR. JOAN KAPRIVNIKAR,
Defendant.

ORDER CONCERNING RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on: (1) the Motion for Temporary Injunction of
Involuntary Antipsychotics Administration [#79]1 filed April 22, 2013; (2) the
Recommendation of United States Magistrate Judge [#81] filed April 24, 2013; (3)
the Defendant’s Motion for Summary Judgement [#87] filed September 9, 2013; and
(2) the Recommendation of United States Magistrate Judge [#93] filed October 29,
2013. I approve and adopt both recommendations as orders of this court, deny the
motion for temporary injunction, and grant the motion for summary judgment.
Mr. Bomprezzi is proceeding pro se. Thus, I have construed his papers
generously and with the leniency due pro se litigants, 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. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991)
1

“[#79]” 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.

(citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).
No objections to the first recommendation [#81] were filed. Thus, I review the first
recommendation 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 first recommendation of the magistrate judge, I find and conclude
that the recommendation should be approved and adopted as an order of this court.
The first recommendation [#81] concerns the Plaintiff’s Motion for Temporary
Injunction of Involuntary Antipsychotics Administration [#79] filed April 22, 2013.
For the reasons stated in the recommendation [#81], this motion must be denied.
The plaintiff, Mel Bomprezzi, filed timely objections [#94] to the second
recommendation [#93]. As required by 28 U.S.C. § 636(b), I have reviewed de novo all
portions of the second recommendation to which the plaintiff objects. I have considered
carefully the recommendation, the objections, and the applicable case law. The
magistrate judge recommends that the motion for summary judgment [#87] of the
defendant be granted. This motion addresses the single remaining claim of the plaintiff,
a substantive due process claim. The magistrate judge analyzes thoroughly the history
of this case, the facts evidenced in the record, and the applicable law. Ultimately, the
magistrate judge recommends that the motion for summary judgment be granted
because, viewing the undisputed facts in the record in the light most favorable to Mr.
Bomprezzi, those facts do not support the substantive due process claim of Mr.
Bomprezzi. The analysis of the magistrate judge is correct and the objections [#94] to
not raise any issue which undermines that analysis.

2

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

2

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#81] filed
April 24, 2013, is APPROVED and ADOPTED as an order of this court;
2. That the Motion for Temporary Injunction of Involuntary Antipsychotics
Administration [#79] filed April 22, 2013, is DENIED;
3. That the objections of the plaintiff stated in his Renewal of Objections [#94]
are OVERRULED;
4. That the Recommendation of United States Magistrate Judge [#93] filed
October 29, 2013, is APPROVED and ADOPTED as an order of this court;
5. That the Defendant’s Motion for Summary Judgement [#87] filed
September 9, 2013, is GRANTED;
6. That this case is DISMISSED with prejudice;
7. That JUDGMENT SHALL ENTER in favor of the defendants named in the
amended complaint [#11], Dr. Joan Kaprivnikar and Colorado Department of
Corrections, against the plaintiff, Mel Bomprezzi, on each of the claims for relief
asserted in the amended complaint [#11]; and
8. That the defendants are AWARDED their costs to be taxed by the clerk of the
court in the time and manner PRESCRIBED under Fed. R. Civ. P. 54(d)(1) and
D.C.COLO.LCivR 54.1.
Dated February 27, 2014, at Denver, Colorado.
BY THE COURT:

3