Griffin v. Hickenlooper et al
Filing
57
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Recommendation of United States Magistrate Judge 50 is APPROVED and ADOPTED as an order of this court; Defendant's Motion To Dismiss 28 is GRANTED; This case is DISMISS ED; JUDGMENT SHALL ENTER in favor of the defendant, John W. Hickenlooper, as Governor of the State of Colorado, against the plaintiff, Henry Lee Griffin, Jr.; Defendant is AWARDED his costs, to be taxed by the clerk of the court. By Judge Robert E. Blackburn on 3/18/13. (kfinn, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-03380-REB-BNB
HENRY LEE GRIFFIN, JR.,
Plaintiff,
v.
JOHN W. HICKENLOOPER, as Governor of the State of Colorado, in his official
capacity,
Defendant.
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the defendant’s Motion To
Dismiss [#28] filed June 15, 2012; and (2) the corresponding Recommendation of
United States Magistrate Judge [#50] filed January 4, 2013. The plaintiff filed an
objection [#54] to the recommendation. I overrule the objection and approve and adopt
the recommendation.
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the
recommendation to which the plaintiff objects. I have considered carefully the
recommendation, the objections, and the applicable case law.
The plaintiff is acting pro se. Therefore, I construe his filings generously and with
the leniency due pro se litigants, see Erickson v. Pardus, 551 U.S. 89, 94 (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)).
In his complaint, the plaintiff alleges that certain Colorado statutes and
regulations are unconstitutional on their face and as applied to the plaintiff. According
to the plaintiff, §13-17.5-102.7, C.R.S. , §17-20-114.5, C.R.S. , DOC Administrative
Regulation (“AR”) 600-05, and §17-20-115, C.R.S., are unconstitutional on their face
and as applied to him. Mr. Griffin alleges violations of his rights under the First, Fifth,
and Fourteenth Amendments of the Constitution of the United States.
In the recommendation, the magistrate judge analyzes thoroughly each of the
plaintiff’s claims and applies correctly the legal standards applicable to a motion to
dismiss. The analysis, conclusions, and recommendations of the magistrate judge are
correct. In his objection [#54] the plaintiff argues his position that the statutes and
regulation he challenges are unconstitutional. I conclude that the arguments asserted
by the plaintiff in his objection are not cogent. Granting the motion to dismiss resolves
all claims remaining in this case against the sole remaining defendant. Therefore, this
case is dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#50] filed
January 4, 2013, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P. 12(b)(6), the defendant’s Motion To Dismiss [#28]
filed June 15, 2012, is GRANTED;
3. That this case is DISMISSED;
4. That JUDGMENT SHALL ENTER in favor of the defendant, John W.
Hickenlooper, as Governor of the State of Colorado, against the plaintiff, Henry Lee
Griffin, Jr.;
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5. That the defendant is AWARDED his costs, to be taxed by the clerk of the
court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated March 18, 2013, at Denver, Colorado.
BY THE COURT:
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