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applying a rebuttable presumption of receipt within five days and extending the 90-day statutory period by five days in recognition of that presumption
Summary of this case from Muller v. VilsackOpinion
Civil Case No. 07-cv-01953-REB-MJW.
January 3, 2008
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The matter before me is the magistrate judge's Recommendation on Defendants' Motion To Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 12) [#23], filed December 10, 2007. 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). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted as an order of this court.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez , 418 F.3d at 1122.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation on Defendants' Motion To Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 12) [#23], filed December 10, 2007, is APPROVED AND ADOPTED as an order of this court;
2. That Defendants' Motion To Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) [#12], filed November 11, 2007, is GRANTED to the extent it seeks to dismiss plaintiff's claims against defendant Domino's Pizza LLC under Title VII and Americans With Disabilities Act as time-barred;
3. That plaintiff's Title VII and ADA claims are DISMISSED WITH PREJUDICE;
4. That defendant, Domino's Pizza LLC, is DROPPED as a named party to this action, and the case caption AMENDED accordingly; and
5. That defendant, Domino's Pizza LLC, is AWARDED its 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.