Gundlach v. May et al
Filing
33
ORDER adopting 32 Recommendations of the United States Magistrate Judge. Plaintiff's claims against defendant, Dr. Eugene McGuinn, physician atCMHIP in his personal capacity, are DISMISSED for failure to effectuate timely service of process. Defendant, Dr. Eugene McGuinn, physician at CMHIP in his personal capacity, is DROPPED as a named party to this action, and the case caption is AMENDED accordingly. By Judge Robert E. Blackburn on 10/18/2013.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00031-REB-KMT
GABRIELE GUNDLACH,
Plaintiff,
v.
MARIA MORA, Social Worker at CMHIP in her personal capacity,
PAMELA JONES, Charge Nurse at CMHIP in her personal capacity,
DR. EUGENE McGUINN, Physician at CMHIP in his personal capacity,
DR. ARIF KAMRAN, Physchologist at CMHIP in his personal capacity, and
DEBRA CROSSER, Clerk of the Boulder County Combined Courts in her official and
personal capacities,
Defendants.
ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate
Judge [#32],1 filed September 24, 2013. No objections having been filed to the
recommendation, 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
1
“[#32]” 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)).
that the recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#32], filed
September 24, 2013, is APPROVED AND ADOPTED as orders of this court;
2. That plaintiff’s claims against defendant, Dr. Eugene McGuinn, physician at
CMHIP in his personal capacity, are DISMISSED for failure to effectuate timely service
of process;
3. That at the time judgment enters, judgment without prejudice SHALL ENTER
on behalf of defendant, Dr. Eugene McGuinn, physician at CMHIP in his personal
capacity, against plaintiff, Gabriele Gundlach, on all claims for relief and causes of
action asserted against him in this action; and
4. That defendant, Dr. Eugene McGuinn, physician at CMHIP in his personal
capacity, is DROPPED as a named party to this action, and the case caption is
AMENDED accordingly.
Dated October 18, 2013, at Denver, Colorado.
BY THE COURT:
2
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