Madry v. Pickering

Full title: LUTHER EARL MADRY, JR., Plaintiff, v. LISA PICKERING, et al., Defendants

Court: United States District Court, D. Colorado

Date published: Nov 21, 2005

Civil Action No. 03-cv-2422-WDM-OES (D. Colo. Nov. 21, 2005)

Opinion

Civil Action No. 03-cv-2422-WDM-OES.

November 21, 2005

ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE

WALKER MILLER, District Judge

This matter is before me on the recommendation of Magistrate Judge O. Edward Schlatter, issued October 22, 2005, that this action be dismissed with prejudice. Plaintiff failed to file an objection to this recommendation and therefore is not entitled to de novo review. 28 U.S.C. § 636(b).

I have reviewed the pertinent portions of the record in this case, and I agree with Magistrate Judge Schlatter's conclusion that Plaintiff has demonstrated a pattern of neglecting his obligations in this case. Therefore, for substantially the reasons given in the recommendation, dismissal with prejudice is appropriate under Ehrenhaus v. Reynolds. 965 F.2d 916 (10th Cir. 1992).

Accordingly, it is ordered:

1. The recommendation of Magistrate Judge Schlatter, issued October 6, 2005 (Docket No. 104), is accepted.

2. This case is dismissed with prejudice.