Walker v. Meyer et al, No. 1:2008cv01911 - Document 79 (D. Colo. 2009)

Court Description: ORDER. The Recommendation of United States Magistrate Judge 73 filed 03/09/2009, is APPROVED AND ADOPTED. Defendant Lt. Cortneys Motion To Dismiss 34 filed 10/31/2008 is GRANTED. Trent Rold, D.D.S. Motion To Dismiss 51 filed 12/04/2008 is GRAN TED. Plaintiffs claims against defendants, Lieutenant Harry Courtney, misidentified in the caption as Lt. Cortney, Trent Rold, D.D.S., are DISMISSED WITH PREJUDICE. At the time final judgment is entered, judgment SHALL ENTER on behalf of defendants, Lieutenant Harry Courtney, misidentified in the caption as Lt. Cortney, Trent Rold, D.D.S., and against plaintiff, Clarence A. Walker. At the time final judgment is entered, defendants shall be AWARDED their costs, by Judge Robert E. Blackburn on 04/07/2009.(sah, )

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Walker v. Meyer et al Doc. 79 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01911-REB-KLM CLARENCE A. WALKER, Plaintiff, v. ELAINE MEYER, DENTIST’S ROLD, LT. CORTNEY, and JILL PITCHER, Defendants. ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#73] filed March 9, 2009. 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).1 Finding no such error in the magistrate judge’s recommended disposition, I find and conclude that the recommendation should be approved and adopted.2 1 This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. Of course, 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 ___, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). 2 Although unlike the magistrate judge, I read plaintiff’s complaint as asserting a First Amendment retaliation claim solely against defendants Meyer and Pritcher, I agree that plaintiff has failed to allege sufficient facts to support such a claim against movants Meyer and Courtney in any event. Dockets.Justia.com THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#73] filed March 9, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That Defendant “Lt. Cortney’s” Motion To Dismiss [#34] filed October 31, 2008, is GRANTED; 3. That Trent Rold, D.D.S.’ Motion To Dismiss [#51] filed December 4, 2008, is GRANTED; 4. That plaintiff’s claims against defendants, Lieutenant Harry Courtney, misidentified in the caption as “Lt. Cortney,” Trent Rold, D.D.S., are DISMISSED WITH PREJUDICE; 5. That at the time final judgment is entered, judgment SHALL ENTER on behalf of defendants, Lieutenant Harry Courtney, misidentified in the caption as “Lt. Cortney,” Trent Rold, D.D.S., and against plaintiff, Clarence A. Walker, as to all claims for relief and causes of action; and 6. That at the time final judgment is entered, defendants shall be AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1. Dated April 6, 2009, at Denver, Colorado. BY THE COURT: 2 3

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