Eller v. Tonche et al

Filing 33

ORDER That the Recommendation of United States Magistrate Judge 25 , filed January 15, 2016, is approved and adopted as an order of this court; and That plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction 3 , filed December 11, 2015, is denied, by Judge Robert E. Blackburn on 2/10/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-02693-REB-MEH
WILLIAM B. ELLER,
Plaintiff,
v.
MR. TOUCHE,
MRS. RUCH,
MRS. PARK,
MRS. TAVNER,
MR. LEFEVER,
MR. RUSSELL,
SARAH DARULA, and
NICOLE ALBRIGHT,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#25],1 filed January 15, 2016. 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
1

“[#25]” 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)).

I perceive no error, much less plain error, in the magistrate judge’s
recommended disposition. It is plain that plaintiff’s transfer to another prison facility
moots his request for injunctive relief against officials employed at the prior facility.
Accordingly, I find and conclude that the recommendation should be approved and
adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#25], filed
January 15, 2016, is approved and adopted as an order of this court; and
2. That plaintiff’s Motion for a Temporary Restraining Order and Preliminary
Injunction [#3], filed December 11, 2015, is denied.
Dated February 10, 2016, at Denver, Colorado.
BY THE COURT:

2