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)

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