Opinion
Civil Case No. 12-cv-00093-REB-KMT
04-19-2012
CAREY W. BROOKER, and LENORA RENEE BROOKER, Plaintiffs, v. RUSSELL JAY GOULD, Plenipotentiary Judge for the Witnessing of the Parse-Syntax-Grammar of the Vassalees-Fraudulent-Parse-Syntax-Grammar-Documents, PEAKVIEW MORTGAGE PROFESSIONALS, INC., MORTGAGE ELECTONIC [sic] SYSTEMS, INC., LAS ANIMAS COUNTY PUBLIC TRUSTEE, DONNA LEONETTI, ARONOWITZ & MECKLENBURG, LLP, registered agent, ROBERT J. ARONOWITZ, BAC HOME LOANS SERVICING, LP, United States Public Trustee of Las Animas County; Donna Leonetti Treasurer; BAC Home Loans Servicing, LP, MERS CORP., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., FANNIE MAY, UNIVERSAL LENDING CORPORATION, Peakview Mortgage Professionals, Inc; and LAS ANIMAS COUNTY COURT, actually named as County Court, Las Animas County, Colorado, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#12] filed March 28, 2012. 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 recommendation should be approved and adopted.
"[#12]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
This standard pertains even though plaintiffs are proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122. In addition, 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 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)).
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#12] filed March 28, 2012, is APPROVED AND ADOPTED as an order of this court; and
2. That the claims of plaintiffs against defendants are DISMISSED WITHOUT PREJUDICE for failure to comply with Fed. R. Civ. P. 8, D.C.COLO.LCivR 8.1A., and the duly issued orders of the court.
Dated April 19, 2012, at Denver, Colorado.
BY THE COURT:
_________________
Robert E. Blackburn
United States District Judge