Darris v. Annie et al

Filing 59

ORDER Adopting 56 Recommendation of United States Magistrate Judge. Recommendations. The Recommendation of United States Magistrate Judge [#56] is APPROVED and ADOPTED as an order of this court. Defendant Annie Holestine's Motion To Dismiss [# 36 ] is GRANTED. The plaintiff's complaint [# 25 ] is DISMISSED as to all claims asserted against defendant Annie Holestine. That Annie Holestine, who is named in the complaint as Annie, Director (Williams Street), is DROPPED as a defendant in this case, and the caption is AMENDED accordingly. The Motion of Defendant Gillespie To Dismiss Pursuant To FED. R.CIV. P. 12(b)(6) [# 31 ] is GRANTED as to Claim Three of the plaintiff's complaint [# 25 ], any claim against Ms. Gillespie in her official capacity, and any claim for injunctive relief. That otherwise, the Motion of Defendant Gillespie To Dismiss Pursuant To FED. R. CIV. P. 12(b)(6) [# 31 ] is DENIED. The remaining claims in this case are Claims One and Two, as alleged in the plaintiff's complaint [# 25 ], against defendant Erica Gillespie. By Judge Robert E. Blackburn on 3/13/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 12-cv-00278-REB-CBS
STEPHAN DARRIS,
Plaintiff,
v.
ANNIE Director (Williams Street), and
ERICA GILLESPIE, Director (CMI Fox),
Defendants.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the Motion of Defendant Gillespie
To Dismiss Pursuant To FED. R. CIV. P. 12(b)(6) [#31]1 filed June 3, 2012; (2)
defendant Annie Holestine’s Motion To Dismiss [#36] filed June 4, 2012; and (3) the
corresponding Recommendation of United States Magistrate Judge [#56] filed
February 24, 2013. No objections to the recommendation have been filed.
The plaintiff is acting pro se. Therefore, I construe his filings generously and with
the leniency due pro se litigants, see Erickson v. Pardus, 551 U.S. 89, 94 (2007);
Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d
1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).
No objections to the recommendation were filed. Thus, I review it only for plain

1

“[#31]” 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.

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 disposition
recommended by the magistrate judge, I find and conclude that the recommendation
should be approved and adopted as an order of this court.
The plaintiff Stephan Darris alleges he suffered injuries following a transfer from
the Williams Street Center, a community corrections center, to CMI-Fox, another
community corrections center. Mr. Darris claims he had been a resident at CMI-Fox
previously and had been sexually assaulted by another (unidentified) resident at that
facility. Mr. Darris says he met with Defendant Annie Holestine, a director at the
Williams Street Center, to advise her of the he had suffered at CMI-Fox.
Notwithstanding, Mr. Darris was transferred to CMI-Fox anyway. The plaintiff alleges
that both he and Ms. Holestine advised CMI-Fox of the issue. According to Mr. Darris,
after the transfer took place, he was sexually assaulted again by the same CMI-Fox
resident who had assaulted him previously.
In the recommendation, the magistrate judge analyzes thoroughly the allegations
of the complaint and the standard applicable to a motion to dismiss. Ultimately, the
magistrate judge recommends that defendant Annie Holstine’s motion to dismiss be
granted as to all claims against her. In addition, the magistrate judge recommends that
the motion to dismiss of defendant Erica Gillespie, the director of CMI-Fox, be granted
as to Claim Three of the plaintiff’s complaint [#25], any claim against Ms. Gillespie in her
official capacity, and any claim for injunctive relief. The magistrate judge recommends
that Ms. Gillespie’s motion to dismiss be denied as to the Claims One and Two, as

2

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

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alleged in the plaintiff’s complaint [#25]. I agree with the analysis of the magistrate
judge.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#56] filed
February 24, 2013, is APPROVED and ADOPTED as an order of this court;
2. That defendant Annie Holestine’s Motion To Dismiss [#36] filed June 4,
2012, is GRANTED;
3. That the plaintiff’s complaint [#25] is DISMISSED as to all claims asserted
against defendant Annie Holestine;
4. That Annie Holestine, who is named in the complaint as “Annie, Director
(Williams Street),” is DROPPED as a defendant in this case, and the caption is
AMENDED accordingly;
5. That the Motion of Defendant Gillespie To Dismiss Pursuant To FED. R.
CIV. P. 12(b)(6) [#31] filed June 3, 2012, is GRANTED as to Claim Three of the
plaintiff’s complaint [#25], any claim against Ms. Gillespie in her official capacity, and
any claim for injunctive relief;
6. That otherwise, the Motion of Defendant Gillespie To Dismiss Pursuant
To FED. R. CIV. P. 12(b)(6) [#31] filed June 3, 2012, is DENIED;
7. That the remaining claims in this case are Claims One and Two, as alleged in
the plaintiff’s complaint [#25], against defendant Erica Gillespie.
Dated March 13, 2013, at Denver, Colorado.
BY THE COURT:

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