Gambina v. Hood

Full title: RALPH S. GAMBINA, Plaintiff, v. WARDEN ROBERT A. HOOD, REGIONAL DIRECTOR…

Court: United States District Court, D. Colorado

Date published: Jul 10, 2006

Civil Case No. 05-cv-00793-REB-BNB (D. Colo. Jul. 10, 2006)

Opinion

Civil Case No. 05-cv-00793-REB-BNB.

July 10, 2006

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

The matter before me is the Recommendation of United States Magistrate Judge [#47], filed June 12, 2006. 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).¹ Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

1 This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

THEREFORE, IT IS ORDERED as follows:

(1) That the Recommendation of United States Magistrate Judge [#47], filed June 12, 2006, is APPROVED AND ADOPTED as an order of this court; and

(2) That Defendants' Motion to Dismiss [#41], filed November 22, 2005, is GRANTED; and

(3) That plaintiff's claims are DISMISSED WITHOUT PREJUDICE.