Nicholas Aurelio v. Nicole Smith, Misty Zade, Jane Gilden, Vani Russell, and Nicholas Hoover

Summary

The United States District Court for the District of Colorado addresses several motions in Nicholas Aurelio’s action concerning prescription eyeglasses, service on Defendant Jane Gilden, and sanctions. The court denies the requests for a preliminary injunction as moot because Aurelio received the glasses, denies without prejudice the request for service on Gilden, and denies the sanctions motion for failure to comply with Federal Rule of Civil Procedure 11(c)(2). The court adopts and modifies the magistrate judge’s recommendation.

Holdings

1. Plaintiff's requests for a preliminary injunction requiring prescription eyeglasses were moot because he received eyeglasses containing the required prescription and tint.
2. The motion seeking service on Jane Gilden was denied without prejudice because the prior attempt to serve her through a CDOC employee was improper and the record indicated that Gilden had not been served.
3. Plaintiff's sanctions motion was properly denied because he failed to serve the motion on the allegedly offending parties at least 21 days before filing it with the court, as required by Federal Rule of Civil Procedure 11(c)(2).
4. When a party does not object to a magistrate judge's recommendation, the district court may review the report under any standard it deems appropriate and has considerable discretion in reviewing the unchallenged recommendation.

Questions Presented

1. Whether Plaintiff's requests for a preliminary injunction requiring prescription eyeglasses became moot after he received the glasses.
2. Whether Plaintiff's motion concerning service on Defendant Jane Gilden should be denied without prejudice after the court determined that prior service was improper.
3. Whether Plaintiff's motion for sanctions was properly denied for failure to comply with Federal Rule of Civil Procedure 11(c)(2)'s 21-day service requirement.
4. What standard of review applied to the unchallenged portion of the magistrate judge's recommendation.

Disposition

other