Opinion
Civil Action No. 10-cv-00302-REB-MEH
01-16-2014
SHERRIE LAFORCE, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate Judge [#70] filed April 2, 2012. I approve and adopt the recommendation.
"[#70]" 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.
No objections to the recommendation were filed. Thus, 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, in the recommendation of the magistrate judge, I find and conclude that the recommendation should be approved and adopted as an order of this court. Appropriately, the magistrate judge recommends that the complaint [#1-2] of the plaintiff be dismissed, without prejudice, based on the failure of the plaintiff to prosecute this case and her failure to comply with the orders of the 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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In the recommendation [#70], the magistrate judge finds accurately the relevant facts and analyzes correctly the factors which must be considered before dismissing a complaint based on the failure of a plaintiff to prosecute his or her claims and the failure of a plaintiff to comply with the orders of the court. See, e.g., Gripe v. City of Enid, Okl., 312 F.3d 1184, 1188 (10th Cir. 2002), citing Ehrenhaus v. Reynolds, 965 F.2d 916, 918 (10th Cir. 1992). Based on that analysis, I agree with the recommendation of the magistrate judge that this case must be dismissed under FED. R. CIV. P. 41(b).
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#70] filed April 2, 2012, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P. 41(b), the complaint [#1-2] of the plaintiff is DISMISSED without prejudice based on the failure of the plaintiff to prosecute her claims and her failure to comply with the orders of the court;
3. That under FED. R. CIV. P. 58, judgment without prejudice SHALL ENTER in favor of the defendant, Wells Fargo Bank, NA, against the plaintiff, Sherrie LaForce, and dismissing the complaint of the plaintiff [#1-2]; and
4. That the defendant is AWARDED its costs, to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated January 16, 2014, at Denver, Colorado.
BY THE COURT:
__________
Robert E. Blackburn
United States District Judge