Opinion
Civil Case No. 11-cv-02697-REB-KMT
06-27-2012
THERESA L. DOWLING, Plaintiff, v. MOUNTAIN STATES LINE CONSTRUCTORS JOINT APPRENTICESHIP AND TRAINING COMMITTEE, Defendant.
Judge Robert E. Blackburn
AMENDED ORDER
This order is amended to correct a clerical error in the previously entered Order [#76] filed June 20, 2012. Footnote 3 of that order has been deleted. No further changes, and no substantive changes, are worked by the entry of this amendment.
Blackburn, J.
The matter before me is plaintiff's Unopposed Motion To Reconsider Order of Magistrate Judges [sic] Decision to District Court Judge [#73] filed Jun 18, 2012. I deny the motion.
"[#73]" 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.
Although plaintiff styles her motion as "unopposed," there is nothing therein to suggest that she sought or obtained defendant's agreement to the relief requested therein. Regardless, I exercise my discretion pursuant to D.C.COLO.LCivR 7.1C. to rule on the motion without awaiting a response.
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Plaintiff's motion pertains to non-dispositive matters that were referred to the magistrate judge for resolution. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(a), I may modify or set aside any portion of a magistrate judge's order which I find to be clearly erroneous or contrary to law.
Plaintiff is proceeding pro se. Thus, I have reviewed her filings more liberally than pleadings or papers filed by attorneys. See, e.g., Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).
I have reviewed the magistrate judge's order and the apposite motion. I conclude that the magistrate judge's order is not clearly erroneous or contrary to law.
THEREFORE, IT IS ORDERED that plaintiff's Unopposed Motion To Reconsider Order of Magistrate Judges [sic] Decision to District Court Judge [#73] filed Jun 18, 2012, is DENIED.
Dated June 27, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge