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, )

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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

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