Wojdacz v. Colorado Springs City Police Department et al.

Filing 175

ORDER Adopting 166 Report and Recommendations. 155 Opposed Motion To Vacate All Findings and Judgments is denied. By Judge Robert E. Blackburn on 5/3/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01483-REB-MEH
ELIZABETH WOJDACZ,
Plaintiff,
v.
OFFICER JOHN IRELAND,
GARY LEE NORMAN,
MICHAEL J. DUNCAN, and
CLIFF HUDSON,
Defendants.

ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate
Judge [#166],1 filed April 5, 2013. No objections having been filed to the
recommendation in the time provided by law, 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 the recommendation should be approved and
1

“[#166]” 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 her
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)).

adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#166], filed
April 5, 2013, is APPROVED AND ADOPTED as orders of this court; and
2. That Plaintiff’s Opposed Motion To Vacate All Findings and Judgments in
the Above Captioned Case Due to Fraud Upon the Court by Judge Blackburn,
Magistrate Hegarty, Attorney Eric Lamphere, Attorney Kim Deline & Attorney
Michael Watts [#155], filed April 1, 2013, is DENIED.
Dated May 3, 2013, at Denver, Colorado.
BY THE COURT:

2