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Faircloth v. Marquez

United States District Court, D. Colorado

July 30, 2015

JAMES FAIRCLOTH, Plaintiff,
v.
MARQUEZ, Correctional Officer, in his individual capacity, and TOM BENEZE, Lt., in his individual capacity, Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT E. BLACKBURN JUDGE

The matter before me is the Recommendation of United States Magistrate Judge [#135], [1] filed June 24, 2015. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).[2] Finding no such error in the recommended disposition, 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 of United States Magistrate Judge [#135], filed June 24, 2015, is approved and adopted as an order of this court; and 2. That defendants’ Motion for Summary Judgment [#130], filed June 12, 2015, is denied without prejudice to refile after the stay is lifted Dated July 30, 2015, at Denver, Colorado.


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