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Baldauf v. Hyatt

February 8, 2006

LEONARD BALDAUF, PLAINTIFF,
v.
JOHN HYATT, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The matters before me are (1) the Recommendation of United States Magistrate Judge [#71], filed January 3, 2006; (2) Defendants' Objection to Recommendation of United States Magistrate Judge [#72], filed January 13, 2006; and (3) Plaintiff's Objections to 1/3/06 Findings [#73], filed January 18, 2006. I overrule the objections, approve and adopt the recommendation, and accordingly find that plaintiff's claims are not jurisdictionally barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendations to which cognizable objections have been filed, and have considered carefully the recommendations, the objections, and the applicable case law. 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 Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). The recommendation is detailed and well-reasoned. Neither plaintiff's nor defendants' objections have merit. Therefore, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#71], filed January 3, 2006, is APPROVED AND ADOPTED as an order of this court;

2. That Defendants' Objection to Recommendation of United States Magistrate Judge [#72], filed January 13, 2006, is OVERRULED and DENIED; and

3. That Plaintiff's Objections to 1/3/06 Findings [#73], filed January 18, 2006, are OVERRULED and DENIED.

Robert E. Blackburn United States District Judge

20060208

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