Small v. Crosley

Full title: TYRON DUANTE SMALL, Plaintiff, v. CANDANCE CROSLEY, Sgt., KEVIN CRUTCHER…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 27, 2015

Civil Action No. 13-cv-00292-REB-MJW (D. Colo. Feb. 27, 2015)

Opinion

Civil Action No. 13-cv-00292-REB-MJW

02-27-2015

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

Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

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 (10^th Cir. 2005).²

1 "[#109]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.

2 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 (10^th Cir. 2007); Hall v. Bellmon , 935 F.2d 1106, 1110 (10^thCir. 1991) (citing Haines v. Kerner , 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
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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 (10^th 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.

Dated February 27, 2015, at Denver, Colorado.

BY THE COURT:

/s/_________

Robert E. Blackburn

United States District Judge