Opinion
Civil Case No. 11-cv-02421-REB-MJW
09-24-2012
ALEMAYEHU GETACHEW, Plaintiff, v. 7-ELEVEN, INC., Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the magistrate judge's Recommendation on Defendant 7-Eleven, Inc.'s Motion To Dismiss (Docket No. 10), Plaintiff's Motion Requesting an Immediate Injunction (Docket No. 61), and Defendant 7-Eleven's Motion To Dismiss or for Other Sanctions for Plaintiff's Refusal To Participate in Discovery (Docket No. 75) [#83], filed August 8, 2012. 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 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that recommendation should be approved and adopted.
"[#38]" 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.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122. In addition, 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 (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)).
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THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendant 7-Eleven, Inc.'s Motion To Dismiss (Docket No. 10), Plaintiff's Motion Requesting an Immediate Injunction (Docket No. 61), and Defendant 7-Eleven's Motion To Dismiss or for Other Sanctions for Plaintiff's Refusal To Participate in Discovery [#83], filed August 8, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant 7-Eleven, Inc.'s Motion To Dismiss [#10], filed October 18, 2011, is GRANTED insofar as it asserts that plaintiffs' claims are barred by the applicable statutes of limitation;
3. That Plaintiff's Motion for the "Judicial Notice" of Judge Robert E. Blackburn on the Federal Anti-Retaliatory Provision Which is the Gist of this Lawsuit . . . [#61], filed June 20, 2012, is DENIED AS MOOT;
4. That Defendant 7-Eleven's Motion To Dismiss or for Other Sanctions for Plaintiff's Refusal To Participate in Discovery [#75], filed June 28, 2012, is DENIED AS MOOT;
5. That plaintiff's claims are DISMISSED WITH PREJUDICE;
6. That the Trial Preparation Conference set for December 7, 2012, is VACATED;
7. That the trial to the court set to commence December 10, 2012, is VACATED;
8. That any pending motion is DENIED as moot; and
9. That judgment SHALL ENTER on behalf of defendant, 7-Eleven, Inc., and against plaintiff, Alemayehu Getachew, as to all claims and causes of action asserted herein; provided, that the judgment shall be with prejudice;
Dated September 24, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge