Dunlap v. Raemisch et al

Filing 52

ORDER ADOPTING 51 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Motions to Dismiss [# 37 , # 40 , # 47 ] are DENIED. By Judge Robert E. Blackburn on 3/9/2015. (alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-03117-REB-CBS NATHAN JERARD DUNLAP, Plaintiff, v. RICK RAEMISCH, in his individual and official capacities as Executive Director of the Colorado Department of Corrections, et al., Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#51],1 filed February 9, 2015. 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 recommended disposition, I find and conclude that the magistrate judge’s recommendation should be approved and adopted. 1 “[#51]” 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. Morales-Fernandez, 418 F.3d at 1122. Nevertheless, 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)). THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#51], filed February 9, 2015, is APPROVED AND ADOPTED as an order of this court; and 2. That the following motions are DENIED: a. Defendants Rick Raemisch, Tony Carochi, Lou Archuleta, James Falk, Larry Reid, Donna Sims, Jeremiah Cone, John Crussell, Michelle Nycz-Halligan, Dave Scherbarth, Jeff Petersen, Michele Wingert, Scott Sturgeon, and Ryan Long’s Motion To Dismiss [#37], filed March 13, 2014; b. Defendant Mark Flowers’s Motion To Dismiss [#40], filed March 17, 2014; and c. Defendant Kevin Milyard’s Motion To Dismiss [#47], filed April 16, 2014. Dated March 9, 2015, at Denver, Colorado. BY THE COURT: 2

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