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Bomprezzi v. Kaprivnikar

United States District Court, D. Colorado

February 27, 2014

MEL BOMPREZZI, Plaintiff,
v.
DR. JOAN KAPRIVNIKAR, Defendant.

ORDER CONCERNING RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

ROBERT E. BLACKBURN, District Judge.

This matter is before me on: (1) the Motion for Temporary Injunction of Involuntary Antipsychotics Administration [#79][1] filed April 22, 2013; (2) the Recommendation of United States Magistrate Judge [#81] filed April 24, 2013; (3) the Defendant's Motion for Summary Judgement [#87] filed September 9, 2013; and (2) the Recommendation of United States Magistrate Judge [#93] filed October 29, 2013. I approve and adopt both recommendations as orders of this court, deny the motion for temporary injunction, and grant the motion for summary judgment.

Mr. Bomprezzi is proceeding pro se. Thus, I have construed his papers generously and with the leniency due pro se litigants, 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. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).

No objections to the first recommendation [#81] were filed. Thus, I review the first recommendation only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).[2] Finding no error, much less plain error, in the first recommendation of the magistrate judge, I find and conclude that the recommendation should be approved and adopted as an order of this court. The first recommendation [#81] concerns the Plaintiff's Motion for Temporary Injunction of Involuntary Antipsychotics Administration [#79] filed April 22, 2013. For the reasons stated in the recommendation [#81], this motion must be denied.

The plaintiff, Mel Bomprezzi, filed timely objections [#94] to the second recommendation [#93]. As required by 28 U.S.C. ยง 636(b), I have reviewed de novo all portions of the second recommendation to which the plaintiff objects. I have considered carefully the recommendation, the objections, and the applicable case law. The magistrate judge recommends that the motion for summary judgment [#87] of the defendant be granted. This motion addresses the single remaining claim of the plaintiff, a substantive due process claim. The magistrate judge analyzes thoroughly the history of this case, the facts evidenced in the record, and the applicable law. Ultimately, the magistrate judge recommends that the motion for summary judgment be granted because, viewing the undisputed facts in the record in the light most favorable to Mr. Bomprezzi, those facts do not support the substantive due process claim of Mr. Bomprezzi. The analysis of the magistrate judge is correct and the objections [#94] to not raise any issue which undermines that analysis.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#81] filed April 24, 2013, is APPROVED and ADOPTED as an order of this court;

2. That the Motion for Temporary Injunction of Involuntary Antipsychotics Administration [#79] filed April 22, 2013, is DENIED;

3. That the objections of the plaintiff stated in his Renewal of Objections [#94] are OVERRULED;

4. That the Recommendation of United States Magistrate Judge [#93] filed October 29, 2013, is APPROVED and ADOPTED as an order of this court;

5. That the Defendant's Motion for Summary Judgement [#87] filed September 9, 2013, is GRANTED;

6. That this case is DISMISSED with prejudice;

7. That JUDGMENT SHALL ENTER in favor of the defendants named in the amended complaint [#11], Dr. Joan Kaprivnikar and Colorado Department of Corrections, against the plaintiff, Mel Bomprezzi, on each of the claims for relief asserted in the amended complaint [#11]; and

8. That the defendants are AWARDED their costs to be taxed by the clerk of the court in the time and manner PRESCRIBED under Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.


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