Opinion
Civil Action No. 13-cv-03063-REB-MJW
06-09-2014
AARON JORDAN, Plaintiff, v. RYAN M. SMITH (Agent), OFFICER HAWKINS #49252 (official capacity suit), MOVIE TAVERN, and CITY OF AURORA, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is magistrate judge's Recommendation That the Claims Against Defendants Ryan M. Smith and Movie Tavern Be Dismissed [#52], filed April 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 (10th Cir. 2005). Finding no such error in the recommended disposition, I find and conclude that the magistrate judge's recommendation to dismiss the claims against defendants Ryan M. Smith and Movie Tavern without prejudice for failure to effectuate proper service should be approved and adopted.
"[#52]" 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.
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)).
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation That the Claims Against Defendants Ryan M. Smith and Movie Tavern Be Dismissed [#52], filed April 8, 2014, is APPROVED AND ADOPTED as an order of this court.
2. That plaintiff's claims against defendants, Ryan M. Smith and Movie Tavern are DISMISSED WITHOUT PREJUDICE for failure to effect proper service of process as required by Fed. R. Civ. P. 4;
3. That defendants Ryan M. Smith and Movie Tavern are DROPPED as named parties to this action, and the case caption AMENDED accordingly; and
4. That at the time judgment enters, judgment without prejudice SHALL ENTER on behalf of defendants, Ryan M. Smith and Movie Tavern, and against plaintiff, Aaron Jordan, as to all claims and causes of action herein.
Dated June 9, 2014, at Denver, Colorado.
BY THE COURT:
__________
Robert E. Blackburn
United States District Judge