Opinion
Civil Case No. 11-cv-00401-REB-KLM
08-09-2011
VICTORIA L. STARKS, Plaintiff, v. CSL PLASMA CENTERS, Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#65], filed April 6, 2011. 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 the recommendation should be approved and adopted.
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 her 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:
Page 2
1. That the Recommendation of United States Magistrate Judge [#20], filed June 28, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff's claims in this case are DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b) for failure to comply with duly issued orders of the court and failure to prosecute, as detailed fully in the magistrate judge's recommendation;
3. That Defendant CSL Plasma Inc.'s Partial Motion To Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) [#13], filed May 6, 2011, is DENIED AS MOOT; and
4. That judgment SHALL ENTER on behalf of defendant, CSL Plasma, Inc., misnamed in the caption as "CSL Plasma Centers," and against plaintiff, Victoria L. Starks, as to all claims and causes of action asserted herein; provided, that judgment as to these defendants SHALL BE with prejudice.
BY THE COURT:
Robert E. Blackburn
United States District Judge