Custard v. Allred et al
Filing
207
ORDER DENYING AS MOOT 206 Objection to Report and Recommendations filed by Bob Allen Custard. By Judge Robert E. Blackburn on 3/27/13. (kfinn, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 12-cv-00063-REB-CBS
BOB ALLEN CUSTARD,
Plaintiff,
v.
DAVID ALLRED,
CLEMENTI,
BENJAMIN BRIESCHKE,
MARK COLLINS,
COOK,
BLAKE DAVIS,
ANDREW FENLON,
FOSTER,
J. JOHNSON,
KELLAR,
RICHARD MADISON,
MARK MUNSON,
T. MANSPEAKER,
ANTHONY OSAGIE,
P. RANGEL,
SMITH,
TENA SUDLOW,
C.A. WILSON,
BUREAU OF PRISONS,
HUDDLESTON,
MITCHELL,
STEVEN ROGERS,
VANAMAN, and
R. WILEY,
Defendants.
ORDER DENYING AS MOOT PLAINTIFF’S OBJECTIONS
TO MAGISTRATE’S REPORT AND RECOMMENDATION
Blackburn, J.
The matter before me is Plaintiff’s Objections to Magistrate’s Report &
Recommendation [#206]1, filed March 4, 2013. These objections pertain to the
magistrate judge’s recommendation that defendants’ motions to dismiss ([#97], filed
June 18, 2012, and[#169], filed October 2, 2012, be granted in part and denied in part,
and accordingly that various of plaintiff’s claims be dismissed. (See Recommendation
of United States Magistrate Judge [#194], filed February 11, 2013.)
However, shortly after the recommendation was issued, plaintiff filed a notice of
voluntary dismissal of his claims (see Plaintiff’s Motion To Dismiss This
Action [#198], filed February 14, 2013), which this court accepted and approved (see
Order of Dismissal [#203], filed February 22, 2013). As stated in the order, any thenpending motion was denied as moot (id. ¶ 2 at 2), which would include the underlying
motions to dismiss on which the recommendation was based. Accordingly, plaintiff’s
objections are moot and will be overruled on that basis.
THEREFORE, IT IS ORDERED that the objections stated in Plaintiff’s
Objections to Magistrate’s Report & Recommendation [#206], filed March 4, 2013,
are OVERRULED AS MOOT.
Dated March 27, 2013, at Denver, Colorado.
BY THE COURT:
1
“[#206]” 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
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