1

 “[#45]” is an example of the convention I use to identify the docket number assigned to a

specific paper by the court’s electronic case filing and management system (CM/ECF). I use this

convention throughout this order.

2

 This standard pertains even though plaintiffs are proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition, because plaintiffs are proceeding pro se, I have construed their

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 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th

Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)). 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-01991-REB-KMT

JACQUELINE L. DEGARMO, and

ALISIA E. BLYTHE,

Plaintiffs,

v.

MICHAEL YORTY, both in his individual capacity and as a Glenwood Police Officer, and

CITY OF GLENWOOD SPRINGS, as the City of Glenwood Springs, CO,

Defendants.

ORDER ADOPTING RECOMMENDATION OF THE 

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matter before me is the Recommendation of United States Magistrate

Judge [#45]1

 filed May 8, 2012. 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 magistrate judge’s recommended disposition, I find and conclude

that recommendation should be approved and adopted. 

Case 1:11-cv-01991-REB-KMT Document 49 Filed 06/08/12 USDC Colorado Page 1 of 3
2

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#45] filed

May 8, 2012, is APPROVED AND ADOPTED as an order of this court;

2. That defendants’ Motion For Summary Judgment Asserting Qualified

Immunity [#27] filed December 16, 2011, is GRANTED IN PART and DENIED IN

PART as moot, as follows:

a. That the motion is GRANTED with respect to plaintiffs’ federal law

claims against defendants, and those claims are DISMISSED WITH

PREJUDICE; and

b. That the motion is DENIED AS MOOT with respect to plaintiffs’

supplemental state law claims against defendants, over which claims the

court DECLINES to exercise supplemental jurisdiction in light of the

dismissal of all federal claims, and that those state law claims are

DISMISSED WITHOUT PREJUDICE;

3. That judgment SHALL ENTER on behalf of defendants, Michael Yorty, both in

his individual capacity and as a Glenwood Police Officer, and City of Glenwood Springs,

as the City of Glenwood Springs, Colorado, against plaintiffs, Jacqueline L. DeGarmo

and Alisia E. Blythe, on all federal claims for relief and causes of action asserted against

them herein; provided, that the judgment as to these claims shall be with prejudice;

4. That the state law claims of the plaintiffs ARE DISMISSED without prejudice;

and

5. That pursuant to 28 U.S.C. § 1915(a)(3), any appeal taken from this order

Case 1:11-cv-01991-REB-KMT Document 49 Filed 06/08/12 USDC Colorado Page 2 of 3
3

would not be taken in good faith and that therefore in forma pauperis status is DENIED

for purposes of any appeal. 

Dated June 8, 2012, at Denver, Colorado.

BY THE COURT:

Case 1:11-cv-01991-REB-KMT Document 49 Filed 06/08/12 USDC Colorado Page 3 of 3