Opinion
Civil Case No. 10-cv-02311-REB-KLM
02-22-2012
GREG L. GATRELL, Plaintiff, v. CITY AND COUNTY OF DENVER, a municipality, JOHN DOE #1, Deputy Sheriff of the Denver Police Department, and JOHN DOE #2, Deputy Sheriff of the Denver Police Department, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States Magistrate Judge [#72] filed January 23, 2012; and (2) the Order and Recommendation of United States Magistrate Judge [#75], filed February 13, 2012. No objections having been filed to the January 23, 2012, recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the January 23, 2012, recommendation should be approved and adopted. That conclusion moots the second recommendation to continue the Trial Preparation Conference and the trial. THEREFORE, IT IS ORDERED as follows:
"[#72]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales Fernandez, 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)).
1. That the Recommendation of United States Magistrate Judge [#72] filed January 23, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That the Order and Recommendation of United States Magistrate Judge [#75] filed February 13, 2012, is REJECTED AS MOOT;
3. That Defendant Denver's Motion for Judgment on the Pleadings Pursuant to Fed.R.Civ.P. 12(c) [#60] filed November 10, 2011, is GRANTED;
4. That the City and County of Denver's Motion To Dismiss for Failure To Prosecute Pursuant to Fed.R.Civ.P. 41(b), [#70] filed January 4, 2012, is DENIED AS MOOT;
5. That Defendant's Motion To Continue Final Pretrial Conference, Trial Preparation Conference and Jury Trial [#73] filed February 10, 2012, is DENIED AS MOOT;
6. That plaintiff's claims against defendants, the City and County of Denver and John Doe #1, are DISMISSED WITH PREJUDICE as barred by limitations;
7. That plaintiff's claims against defendant, John Doe #2, are DISMISSED for failure to effect timely service of process as required by Fed. R. Civ. P. 4(m);
8. That judgment SHALL ENTER on behalf of defendants, the City and County of Denver, a municipality; John Doe #1, Deputy Sheriff of the Denver Police Department, in his individual and official capacities; and John Doe #2, Deputy Sheriff of the Denver Police Department, in his individual and official capacities, against plaintiff, Greg L. Gatrell, on all claims for relief and causes of action asserted against them; provided, that the judgment shall be with prejudice;
9. That judgment SHALL ENTER in accordance with my previous Order Adopting Recommendations of the United States Magistrate Judge ¶ 7 at 2-3 [#52] filed July 8, 2011;
10. That the Trial Preparation Conference currently scheduled for Friday, March 2, 2012, at 3:00 p.m., and the trial currently scheduled to commence on March 19, 2012, are VACATED; and
11. That defendants are 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 February 22, 2012, at Denver, Colorado.
BY THE COURT:
_________________
Robert E. Blackburn
United States District Judge