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 “[#73]” 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.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02441-REB-BNB

ISADORE BROWN,

Plaintiff,

v.

DENVER POLICE OFFICER GARCIA,

DENVER POLICE OFFICER ROMAN YEPSHIN,

DENVER POLICE OFFICER SERGEY GUREVICH,

DETECTIVE JOEY SMITH, and

CITY AND COUNTY OF DENVER, jointly and severally,

Defendants.

ORDER ADOPTING RECOMMENDATIONS OF THE 

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matters before me are (1) the Recommendation of United States

Magistrate Judge [#73],1 filed November 1, 2012, regarding Defendants’ Motion To

Dismiss for Failure To Prosecute Pursuant to Fed. R. Civ. P. 41(b) [#42], filed

August 10, 2012; and (2) the Recommendation of United States Magistrate

Judge [#76], filed November 16, 2012, regarding Defendants’ Motion for Summary

Judgment [#58], filed October 12, 2012. 

No objections have been filed to either recommendation. Thus, I review them

only for plain error. See Morales-Fernandez v. Immigration & Naturalization

Case 1:11-cv-02441-REB-BNB Document 77 Filed 12/10/12 USDC Colorado Page 1 of 3
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 This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 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 (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)). 

2

Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2

 Finding no such error in the magistrate

judge’s recommended dispositions of the apposite motions, I find and conclude that

recommendations should be approved and adopted. 

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#73], filed

November 1, 2012, is APPROVED AND ADOPTED as an order of this court;

2. That Defendants’ Motion To Dismiss for Failure To Prosecute Pursuant

to Fed. R. Civ. P. 41(b) [#42], filed August 10, 2012, is DENIED; 

3. That the Recommendation of United States Magistrate Judge [#76], filed

November 16, 2012, is APPROVED and ADOPTED as an order of this court;

4. That Defendants’ Motion for Summary Judgment [#58], filed October 12,

2012, is GRANTED;

5. That plaintiff’s claims against all defendants are DISMISSED WITH

PREJUDICE;

6. That judgment SHALL ENTER on behalf of defendants, Denver Police Officer

Ben Garcia (identified in the caption as “Denver Police Officer Garcia”); Denver Police

Officer Roman Yepshin; Denver Police Officer Sergey Gurevich; Detective Joey Smith;

and the City and County of Denver, jointly and severally, against plaintiff, Isadore

Brown, on all claims for relief and causes of action; provided, that the judgment shall be

Case 1:11-cv-02441-REB-BNB Document 77 Filed 12/10/12 USDC Colorado Page 2 of 3
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with prejudice;

7. That the Trial Preparation Conference, currently scheduled for Friday,

January 11, 2013, at 3:30 p.m., and the trial, currently scheduled to commence on

Monday, January 28, 2013, are VACATED; and

8. That defendants are AWARDED their costs, to be taxed by the clerk of the

court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated December 10, 2012, at Denver, Colorado.

BY THE COURT:

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