Pipkins v. Taillon

Filing 67

ORDER granting 43 Motion for Summary Judgment and adopting Report and Recommendations. By Judge Robert E. Blackburn on 8/25/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02275-REB-KLM
ROBERT PIPKINS,
Plaintiff,
v.
RYAN TAILLON,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#65],1 filed July 24, 2014. No objection having been filed to the
recommendation, I review it for plain error only. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2

I

perceive no such error in the magistrate judge’s recommended disposition. Defendant
has met its burden to assert and demonstrate plaintiff’s failure to exhaust his
administrative remedies, and plaintiff has failed to meet defendant’s evidence with

1

“[#65]” 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.
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)).

admissible, competent evidence establishing that administrate remedies were
unavailable to him. I therefore find and conclude that the magistrate judge’s thorough
and well-reasoned recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#65], filed
July 29, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant’s Motion For Summary Judgment [#43], filed November
26, 2013, is GRANTED;
3. That plaintiff’s claims against defendant are DISMISSED WITHOUT
PREJUDICE for failure to exhaust administrative remedies; and
4. That judgment without prejudice SHALL ENTER on behalf of defendant,
Ryan Taillon, identified in the caption as “Officer Mr. Taillon,” against plaintiff, Robert
Pipkins, as to all claims for relief and causes of action asserted against him in this
action.
Dated August 25, 2014, at Denver, Colorado.
BY THE COURT:

2