Orloski v. Monigle Associates, Inc.

Full title: CHRISTOPHER LEE ORLOSKI, Plaintiff, v. MONIGLE ASSOCIATES, INC., Defendant

Court: United States District Court, D. Colorado

Date published: Dec 21, 2005

Civil Case No. 05-cv-02031-REB-OES (D. Colo. Dec. 21, 2005)

Opinion

Civil Case No. 05-cv-02031-REB-OES.

December 21, 2005

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

The matter before me is the Magistrate Judge's Recommendation for Dismissal Without Prejudice [#20], filed November 29, 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 (10^th Cir. 2005).¹ Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

1 This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

THEREFORE, IT IS ORDERED as follows:

(1) That the Recommendation for Dismissal Without Prejudice [#20], filed November 29, 2005, is APPROVED AND ADOPTED as an order of this court; and

(2) That defendant's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) Incorporating Legal Authority [#11], filed November 7, 2005, is GRANTED; and

(3) That plaintiff's claims are DISMISSED WITHOUT PREJUDICE.