Opinion
Civil Case No. 12-cv-00344-REB-KLM
03-18-2013
VASHONE L. ADAMS, Plaintiff, v. EMC MORTGAGE CORPORATION, a Foreign Corporation, CAROL YOUNG, individually and as agent, JAMES DIMON, individually and as agent, ACQURA LOAN SERVICING, a Foreign Corporation, JP MORGAN CHASE BANK, N.A., and WILLIAM BERONG, individually and as agent, Defendants.
Judge Robert E. Blackburn
ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) Motion To Dismiss Third Amended Complaint by Defendants Acquara Loan Services, Llc and William Berrong and Supporting Brief [#37] filed July 2, 2012; (2) Chase Defendants' Motion To Dismiss Plaintiff's Third Amended Complaint And Jury Demand Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) [#38] filed July 2, 2012; and (3) Recommendation of United States Magistrate Judge [#45] filed August 21, 2012. The plaintiff filed objections [#46] to the recommendation. The defendants filed responses [#47 & #48] to the objections. The plaintiff filed corresponding replies [#52 & #53]. I overrule the objections and approve and adopt the recommendation.
"[#37]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
The plaintiff is proceeding pro se. Thus, I have construed his pleadings more liberally and held them to a less stringent standard than formal pleadings and papers drafted by lawyers. See Erickson v. Pardus , 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton , 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon , 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner , 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed. I have considered carefully the recommendation, objections, and applicable caselaw. The recommendation is detailed, well-reasoned, and circumstantiated factually and legally . Contrastingly, plaintiff's objections are imponderous and without merit.
THEREFORE, IT IS ORDERED as follows:
1. That the objections stated by plaintiff in documents [#46, 52 & 53] are OVERRULED;
2. That the Recommendation of United States Magistrate Judge [#45] filed August 21, 2012, is APPROVED and ADOPTED as an order of this court;
3. That this case and all concomitant claims for relief are DISMISSED for lack of subject matter jurisdiction under Rooker-Feldman ;
4. That alternatively, the Motion To Dismiss Third Amended Complaint by Defendants Acquara Loan Services, Llc and William Berrong and Supporting Brief [#37] filed July 2, 2012, is GRANTED;
5. That alternatively, Chase Defendants' Motion To Dismiss Plaintiff's Third Amended Complaint And Jury Demand Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) [#38] filed July 2, 2012, is GRANTED;
6. That judgment SHALL ENTER in favor of the defendants against the plaintiff on all claims for relief and causes of action asserted in this action; and
7. That defendants are AWARDED their costs to be taxed by the clerk of the court in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated March 18, 2013, at Denver, Colorado.
BY THE COURT:
________________________
Robert E. Blackburn
United States District Judge