Mondragon v. Otto

Full title: EVELYN P. MONDRAGON, and JARED C. ELLIS, Plaintiffs, v. CLAY D. OTTO…

Court: United States District Court, D. Colorado

Date published: Jun 1, 2006

Civil Case No. 05-cv-02664-REB-MJW (D. Colo. Jun. 1, 2006)

Opinion

Civil Case No. 05-cv-02664-REB-MJW.

June 1, 2006

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

The matter before me is the Magistrate Judge's Recommendation that Action be Dismissed Against Defendant Clay D. Otto, a/k/a Douglas Otto Clay, a/k/a Douglas O. Clay [#44] filed May 2, 2006. No objections to the recommendation have been filed. Therefore, I review it only for plain error. See Morales-Fernandez v. Immigration Naturalization Service, 418 F.3d 1116, 1122 (10^th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation that Action be Dismissed Against Defendant Clay D. Otto, a/k/a Douglas Otto Clay, a/k/a Douglas O. Clay [#44] filed May 2, 2006, is APPROVED AND ADOPTED as an order of this court;

2. That plaintiffs' claim against defendant Clay D. Otto, a/k/a Douglas Otto Clay, a/k/a Douglas O. Clay is DISMISSED WITHOUT PREJUDICE for failure to show cause and failure to timely serve this defendant; and

3. That defendant Clay D. Otto, a/k/a Douglas Otto Clay, a/k/a Douglas O. Clay is DROPPED as a named party to this action, and the case caption is amended accordingly.