Small v. Young, et al

Filing 36

ORDER adopting 35 Recommendation of the United States Magistrate Judge. Defendants' Motion To Dismiss (Pro Se Prisoner) Amended Complaint [# 25 ] is GRANTED. Defendant Young's Motion To Dismiss Amended Complaint andJury Demand (Doc. No. 9) Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) [# 26 ] is GRANTED. Plaintiff's claims are DISMISSED WITH PREJUDICE as barred bylimitations. By Judge Robert E. Blackburn on 10/31/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn

Civil Action No. 13-cv-01075-REB-CBS

TYRON DUANTE SMALL,
Plaintiff,
v.
DISTRICT ATTORNEY MELISSA YOUNG,
DETECTIVE JEFF HUDDLESTON,
DETECTIVE MARC CHACON, and
OFFICER DANIEL THOMPSON,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#35],1 filed October 10, 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

1

“[#35]” 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 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)).

Finding no error, much less plain error, in the magistrate judge’s recommended
disposition, I find and conclude that recommendation should be approved and adopted.
It is plain from the pleadings that plaintiff’s putative claims in this lawsuit are barred by
limitations. Thus, the claims, and this case, must be dismissed with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#35], filed
October 10, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That Defendants’ Motion To Dismiss (Pro Se Prisoner) Amended
Complaint [#25], filed July 2, 2013, is GRANTED;
3. That Defendant Young’s Motion To Dismiss Amended Complaint and
Jury Demand (Doc. No. 9) Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) [#26], filed
July 2, 2013, is GRANTED;
4. That plaintiff’s claims are DISMISSED WITH PREJUDICE as barred by
limitations;
5. That judgment with prejudice SHALL ENTER on behalf of defendants, District
Attorney Melissa Young; Detective Jeff Huddleston; Detective Marc Chacon; and Officer
Daniel Thompson, against plaintiff, Tyron Duante Small, as to all claims and causes of
action asserted against them herein; and

2

6. That defendants are AWARDED their costs, to be taxed by the clerk of the
court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated October 31, 2013, at Denver, Colorado.
BY THE COURT:

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