Fortney v. Howard

Full title: FRANKLIN LEE FORTNEY, JR., Plaintiff, v. DR. HOWARD, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 13, 2014

Civil Action No. 14-cv-01421-REB-MJW (D. Colo. Nov. 13, 2014)

Opinion

Civil Action No. 14-cv-01421-REB-MJW

11-13-2014

FRANKLIN LEE FORTNEY, JR., Plaintiff, v. DR. HOWARD, Defendant.

Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matter before me is magistrate judge's Report and Recommendation on Order To Show Cause (Docket No. 15) [#17],¹ filed October 8, 2014. 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 (10^th Cir. 2005).² Finding no such error in the recommended disposition, I find and conclude that the magistrate judge's recommendation to dismiss plaintiff's claims without prejudice for failure to effectuate timely service of process should be approved and adopted.

1 "[#17]" 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.

2 This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122. Nevertheless, because plaintiff is proceeding pro se, I have construed his 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 (10^th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10^thCir. 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 magistrate judge's Report and Recommendation on Order To Show Cause (Docket No. 15) [#17], filed October 8, 2014, is APPROVED AND ADOPTED as an order of this court;

2. That plaintiff's claims against defendant, Dr. Howard, are DISMISSED WITHOUT PREJUDICE for failure to effect timely service of process as required by Fed. R. Civ. P. 4(m); and

3. That judgment without prejudice SHALL ENTER on behalf of defendant, Dr. Howard, against plaintiff, Franklin Lee Fortney, Jr, on all claims for relief and causes of action asserted in this action.

Dated November 13, 2014, at Denver, Colorado.

BY THE COURT:

/s/_________

Robert E. Blackburn

United States District Judge