Opinion
Civil Case No. 11-cv-01871-REB-KLM
02-22-2012
SHERWYN OATES, Plaintiff, v. MATTHEW PATELLA, Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Order and Recommendation of United States Magistrate Judge [#28] filed February 1, 2012. No objections having been filed 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 such error in the magistrate judge's recommended disposition, I find and conclude that recommendation should be approved and adopted.
"[#28]" 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.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales- Fernandez, 418 F.3d at 1122. In addition, because plaintiff is proceeding pro se, I have construed his pleadings 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, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
--------
THEREFORE, IT IS ORDERED as follows:
1. That the Order and Recommendation of United States Magistrate Judge [#28] filed February 1, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant Matthew Patella's Motion To Dismiss All Remaining Claims Pursuant to Fed.R.Crim.Pro. [sic] 12(b)(6) [#21] filed October 17, 2011, is GRANTED;
3. That plaintiff's claims against defendant are DISMISSED WITHOUT PREJUDICE; and
4. That judgment SHALL ENTER on behalf of defendant, Matthew Patella, against plaintiff, Sherwyn Oates, on all claims for relief and causes of action asserted against him; provided, that the judgment shall be without prejudice.
Dated February 22, 2012, at Denver, Colorado.
BY THE COURT:
____________
Robert E. Blackburn
United States District Judge