Abell v. Sothen

Full title: ROBERT CHARLES ABELL, and LISA JEAN ABELL, Plaintiffs, v. WILLIAM R…

Court: United States District Court, D. Colorado

Date published: Mar 7, 2006

Civil Case No. 05-cv-00706-REB-BNB (D. Colo. Mar. 7, 2006)

Opinion

Civil Case No. 05-cv-00706-REB-BNB.

March 7, 2006

ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

The matter before me is the Recommendation of Magistrate Judge [#34], filed February 14, 2006. I approve and adopt the recommendation.

Because plaintiffs are proceeding pro se, I have construed their pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Hall v. Belmon, 935 F.2d 1106, 1110 (10^th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). No objections have been filed to the recommendation. Absent objections to the recommendation, I am vested with discretion to review the recommendation under any standard the court deems to be appropriate. See, e.g., Summers v. Utah, 927 F.2d 1165, 1167 (10^th Cir. 1991). I have reviewed the recommendation for plain error, and I have no error. See Morales-Fernandez v. Immigration Naturalization Service, 418 F.3d 1116, 1122 (10^th Cir. 2005).¹ The recommendation is detailed, circumstantiated, and well-reasoned. Therefore, I find and conclude that the arguments advanced, the authorities cited, and the findings of fact, conclusions of law, and recommendations proposed by the magistrate judge should be approved and adopted.

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

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of Magistrate Judge [#34], filed February 14, 2006, IS ADOPTED as an order of the court;

2. That the Petition IS DISMISSED, and the request to quash the summonses issued to Wells Fargo Bank and Countrywide Home Loans IS DENIED, and that the Motion to Dismiss IS GRANTED, and the summonses issued to Wells Fargo Bank and Countrywide Home Loans ARE ENFORCED, as follows:

a. That the United States be substituted as the defendant insofar as the Petition asserts claims against William R. Sothen and his coworkers, in their official capacities, and against the Internal Revenue Service;

b. That the claims against the United States ARE DISMISSED with prejudice as barred by sovereign immunity;

c. That the claims against William R. Sothen and his coworkers, in their individual capacities, ARE DISMISSED with prejudice as not available under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971);

d. That the Petition IS DISMISSED with prejudice insofar as it seeks a writ of mandamus;

e. That the Petition IS DENIED for lack of jurisdiction insofar as it seeks an order quashing the summonses served on Indymac Bank and Union Bank of California; and

f. That the United States' request to enforce the summonses served on Wells Fargo Bank and Countrywide Home Loans IS GRANTED.