Opinion
Civil Case No. 11-cv-02695-REB-KMT
06-11-2012
THERESA L. DOWLING, Plaintiff, v. IBEW LOCAL #111, Defendant.
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) the Recommendation of United States Magistrate Judge [#22] filed April 18, 2012; (2) the objections contained in plaintiff's Notice Directed to the District Court Judge [#23] filed April 19, 2012; and (3) the objections contained in plaintiff's (Potentially) Response to Report and Recommendations [#46] filed May 15, 2012. I overrule the objections, adopt the recommendation, and dismiss this lawsuit with prejudice as a sanction for plaintiff's failure to prosecute and failure to comply with the duly issued orders of the court.
"[#34]" 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.
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.
Plaintiff is proceeding pro se. Thus, I have construed her 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)).
The recommendation is detailed and well-reasoned. Contrastingly, plaintiff's objections are imponderous and without merit. Thus, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#22] filed April 18, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That the objections contained in plaintiff's Notice Directed to the District Court Judge [#23] filed April 19, 2012, are OVERRULED;
3. That the objections contained in plaintiff's (Potentially) Response to Report and Recommendations [#46] filed May 15, 2012, are OVERRULED;
4. That defendant's Motion To Dismiss or, in the Alternative, for a More Definite Statement [#14] filed January 3, 2012, is DENIED AS MOOT;
5. That plaintiff's claims in this lawsuit are DISMISSED WITH PREJUDICE as a sanction for plaintiff's failure to prosecute and failure to comply with the duly issued orders of the court;
6. That judgment SHALL ENTER on behalf of defendant IBEW Local #111 against plaintiff Theresa L. Dowling on all claims for relief and causes of action; provided, that the judgment shall be with prejudice; and
7. That defendant is AWARDED its costs to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated June 11, 2012, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge