Opinion
Civil Case No. 11-cv-02192-REB-CBS
2013-09-18
MARJORIE A. KESSLING, and TRENTON H. PARKER, Plaintiffs, v. BETHANY SALZMAN, individually and in her official capacity, and GARY SCHWARTZ, individually and his official capacity, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) plaintiff Trenton H. Parker's Motion To Dismiss Plaintiff Kessling From This Case [#41] filed January 8, 2013; and (2) the Recommendation of United States Magistrate Judge [#45] filed January 16, 2013. I approve and adopt the recommendation and grant the motion to dismiss plaintiff Marjorie Kessling.
"[#41]" 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.
The plaintiffs are acting pro se. Therefore, I construe their filings generously and with the leniency due pro se litigants, 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. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).
Because no party filed an objection 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 error, much less plain error, I find and conclude that the recommendation should be approved and adopted as an order of this court.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122.
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As noted by the magistrate judge, the motion to dismiss plaintiff, Marjorie Kessling, was filed by her co-plaintiff, Trenton Parker. Ms. Kessling appeared at a scheduling conference and asked that she be dismissed from this case. No party has objected to the dismissal of Ms. Kessling from this case.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#45] filed January 16, 2013, is APPROVED and ADOPTED as an order of this court;
2. That the Motion To Dismiss Plaintiff Kessling From This Case [#41] filed January 8, 2013, by plaintiff, Trenton H. Parker, is GRANTED;
3. That under FED. R. CIV. P. 41(a)(2), the claims of plaintiff, Marjorie A. Kessling, are DISMISSED; and
4. That plaintiff, Marjorie A. Kessling, is DROPPED as a party to this case, and the caption shall be AMENDED accordingly.
Dated September 18, 2013, at Denver, Colorado.
BY THE COURT:
___________
Robert E. Blackburn
United States District Judge