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Small v. Crosley

United States District Court, District of Colorado

February 27, 2015

TYRON DUANTE SMALL, Plaintiff,
v.
CANDANCE CROSLEY, Sgt., KEVIN CRUTCHER, Sgt., and KYLE ROBERTS, Lt., Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT E. BLACKBURN, UNITED STATES DISTRICT JUDGE

The matters before me are: (1) the plaintiff’s filing captioned as Seeking An Emergency Injuction [sic] Motion [#109][1] filed August 20, 2014; and (2) the Recommendation on Plaintiff’s “Seeking an Emergency Injuction [sic] Motion” (Docket No. 109) [#111] filed August 21, 2014. No objection to the recommendation has been filed. Therefore, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).[2]

At the time the recommendation was filed, Mr. Small was acting pro se. Therefore, I construe his filings generously and with the judicial munificence due pro se litigants. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 2200 (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)).

I perceive no error, much less plain error, in the magistrate judge's recommendation. As detailed by the magistrate judge, the plaintiff fails to show in his motion that he can meet the heavy burden of proof necessary to obtain injunctive relief. Thus, I find and conclude that the magistrate judge's recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation on Plaintiff's "Seeking an Emergency Injuction [sic] Motion" (Docket No. 109) [#111] filed August 21, 2014, is APPROVED AND ADOPTED as an order of this court; and

2. That the plaintiff's filing captioned as Seeking An Emergency Injuction [sic] Motion [#109] filed August 20, 2014, is DENIED.


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