Opinion
Civil Case No. 05-cv-00031-REB-BNB.
December 15, 2005
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The matter before me is the Recommendation of United States Magistrate Judge [#60], filed November 21, 2005. 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.
This standard pertains even though plaintiff filed his request to rescind the settlement agreement while putatively acting pro se. Morales-Fernandez, 418 F.3d at 1122.
THEREFORE, IT IS ORDERED as follows:
(1) That the Recommendation of United States Magistrate Judge [#60], filed November 21, 2005, is APPROVED AND ADOPTED as an order of this court;
(2) That the Motion to Enforce Settlement Agreement From Defendants Barger and Scavarda [#50], filed October 12, 2005, is GRANTED;
(3) That defendants SHALL TENDER to plaintiff's attorney the agreed settlement amount of $1,500.00, together with the settlement agreement and release previously stipulated;
(4) That plaintiff's attorney is AUTHORIZED to execute the settlement agreement and release on behalf of plaintiff;
(5) That plaintiff's attorney SHALL NOTIFY the court within two (2) business days of his receipt of the settlement payment and SHALL FILE a fully executed copy of the settlement agreement and release at that time; and
(6) That following receipt of such notification and the filing of the settlement agreement and release, this action shall be DISMISSED WITH PREJUDICE without further notice or hearing.