FD Trust v. Kareus

Full title: FD TRUST, and FLOYD DUBEY, Trustee, Plaintiffs, v. TRUDY KAREUS, SED, and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Mar 25, 2013

Civil Action No. 12-cv-03041-CMA-KMT (D. Colo. Mar. 25, 2013)

Opinion

Civil Action No. 12-cv-03041-CMA-KMT

03-25-2013

FD TRUST, and FLOYD DUBEY, Trustee, Plaintiffs, v. TRUDY KAREUS, SED, and PAUL WHITE, Defendants.

CHRISTINE M. ARGUELLO

Judge Christine M. Arguello

ORDER ADOPTING AND AFFIRMING OCTOBER 29, 2012

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the March 27, 2013 Recommendation by United States Magistrate Judge Kathleen M. Tafoya that Plaintiff's Complaint should be dismissed sua sponte, without prejudice, for failure to comply with Local Rule 8.1A and Fed. R. Civ. P. 8. (Doc. # 10.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

The Recommendation advised the parties that specific written objections were due within fourteen (14) days after being served with a copy of the Recommendation. (Doc. # 10 at 5.) Despite this advisement, no objections to Magistrate Judge Tafoya's Recommendation have been filed by either party. "In the absence of timely objection, the district court may review a magistrate [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.").

The Court has reviewed all the relevant pleadings in the docket, including the Recommendation. Based on this review, the Court agrees with Magistrate Judge Tafoya that Plaintiff's Complaint (Doc. # 1-1) should be dismissed for failure to comply with Local Rule 8.1A and Fed. R. Civ. P. 8. Therefore, the Court ADOPTS the Recommendation of Magistrate Judge Tafoya as the findings and conclusions of this Court.

Accordingly, it is ORDERED that the Recommendation of the United States Magistrate Judge (Doc. # 10) is AFFIRMED and ADOPTED.

It is FURTHER ORDERED that this case be DISMISSED WITHOUT PREJUDICE for failure to comply with Local Rule 8.1A and Fed. R. Civ. P. 8.

BY THE COURT:

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CHRISTINE M. ARGUELLO

United States District Judge