Mut. of Omaha Bank v. McKee

Full title: MUTUAL OF OMAHA BANK, Plaintiff, v. GARY W. MCKEE, of McKee Enterprises…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: May 23, 2012

Civil Action No. 11-cv-02936-REB-KLM (D. Colo. May. 23, 2012)

Opinion

Civil Action No. 11-cv-02936-REB-KLM

05-23-2012

MUTUAL OF OMAHA BANK, Plaintiff, v. GARY W. MCKEE, of McKee Enterprises, and any and all occupants claiming an interest under the defendant, Defendant.

Robert E. Blackburn

Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

This matter is before me on the following: (1) the Plaintiff's Motion for Remand To State Court [#6]¹ filed December 1, 2011; and; (2) the Recommendation of United States Magistrate Judge [#11] filed January 23, 2012. The plaintiff has not filed objections to the recommendation. I approve and adopt the recommendation, grant the motion to remand, and remand this case.

1 "[#6]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

The plaintiff is proceeding pro se. Thus, I have construed his pleadings and other filings 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 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10^th Cir. 1991).

The plaintiff did not file objections to the recommendation and, therefore, I review the recommendation only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10^th Cir. 2005).² Finding no error, much less plain error, I approve and adopt the recommendation and grant the motion to remand.

2 This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122.
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THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#11] filed January 23, 2012, is APPROVED and ADOPTED as an order of this court;

2. That the Plaintiff's Motion for Remand To State Court [#6] filed December 1, 2011, is GRANTED;

3. That this action is REMANDED to the District Court, Jefferson County, Colorado; and

4. That the plaintiff's Motion for Appointment of Receiver [#13] filed May 21, 2012, is DENIED as moot.

Dated May 23, 2012, at Denver, Colorado.

BY THE COURT:

________________

Robert E. Blackburn

United States District Judge