Scherrer v. Vallario

Full title: LARRY C. SCHERRER, Plaintiff, v. LOU VALLARIO, JASON ALSTATT, EARL GAY…

Court: United States District Court, D. Colorado

Date published: Jul 24, 2006

Civil Case No. 05-cv-02666-REB-CBS (D. Colo. Jul. 24, 2006)

Opinion

Civil Case No. 05-cv-02666-REB-CBS.

July 24, 2006

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT BLACKBURN, District Judge

The matter before me is the Magistrate Judge's Recommendation of United States Magistrate Judge [#16], filed March 3, 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).¹ Finding no such error, I find and conclude that the magistrate judge's recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows:

1 This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

1. That the Recommendation of United States Magistrate Judge [#16], filed March 3, 2006, is APPROVED AND ADOPTED as an order of this court;

2. That Defendants Vallario, Alstatt, and Gay's Motion to Dismiss [#9], filed January 16, 2006, is GRANTED;

3. That Defendants Wilson and Gronbeck's Motion to Dismiss [#12], filed January 17, 2006, is GRANTED;

4. That plaintiff's claims against defendants Vallario, Alstatt, Gay, Wilson, and Gronbeck are DISMISSED WITH PREJUDICE under FED. R. CIV. P. 12(b)(6);

5. That this matter is DISMISSED WITHOUT PREJUDICE against Defendant Templon on the court's initiative under FED. R. CIV. P. 4(m), for failure to effect service of process, and under D.C.COLO.LCivR 41.1, for failure to prosecute; and

6. That this case is DISMISSED.