Duncan v. Ritter Jr. et al

Filing 59

ORDER ADOPTING 55 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's claims against defendant, Bill Ritter, Jr., ex-governor, are DISMISSED WITHOUT PREJUDICE for failure to prosecute. By Judge Robert E. Blackburn on 9/8/2014.(alowe )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00301-REB-BNB
JAMES ROGER DUNCAN,
Plaintiff,
v.
BILL RITTER, JR., ex-governor,
JOHN W. HICKENLOOPER, governor,
RICK RAEMISCH, executive director,
WARDEN MILYARD,
WARDEN FALK, and
CASE MANAGER LUECK,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#55],1 filed August 6, 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. Indeed, in
1

“[#55]” 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)).

his filing in response to the magistrate judge’s show cause order, plaintiff asks that
defendant, Bill Ritter, Jr., be removed as a party defendant. (See I Object to the
Motion To Show Cause [#37], filed May 20, 2014.) I therefore find and conclude that
the magistrate judge’s recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#55], filed
August 6, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff’s claims against defendant, Bill Ritter, Jr., ex-governor, are
DISMISSED WITHOUT PREJUDICE for failure to prosecute;
3. That at the time judgment enters, judgment without prejudice SHALL ENTER
on behalf of defendant, Bill Ritter, Jr., ex-governor, against plaintiff, James Roger
Duncan, on all claims for relief and causes of action asserted against this defendant in
this action; and
4. That defendant, Bill Ritter, Jr., ex-governor, is DROPPED as a named party to
this action, and the case caption AMENDED accordingly.
Dated September 8, 2014, at Denver, Colorado.
BY THE COURT:

2