SMITH v. APX LOGISTICS, INC.

Full title: LORENZO SMITH, Plaintiff, v. APX LOGISTICS, INC., Defendant

Court: United States District Court, D. Colorado

Date published: May 30, 2006

Civil Case No. 05-cv-02176-REB-CBS (D. Colo. May. 30, 2006)

Opinion

Civil Case No. 05-cv-02176-REB-CBS.

May 30, 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 [#12], filed May 3, 2006. 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).¹ Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

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

THEREFORE, IT IS ORDERED as follows:

(1) That the Recommendation of United States Magistrate Judge [#12], filed May 3, 2006, is APPROVED AND ADOPTED as an order of this court; and

(2) That plaintiff's Title VII and 42 U.S.C. § 1981 Complaint and Jury Demand [#1], filed October 28, 2005, IS DISMISSED WITHOUT PREJUDICE for failure to show cause and failure to timely serve Defendant.