Opinion
Civil Case No. 10-cv-02421-REB-KMT
11-21-2011
DORETTA TOOTLE, Plaintiff, v. WYATT-EDISON CHARTER SCHOOL, 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 [#37] filed October 25, 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.
"[#37]" 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 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)).
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THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#37] filed October 25, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That claims of the plaintiff against defendant DISMISSED WITHOUT PREJUDICE for lack of federal subject matter jurisdiction;
3. That judgment SHALL ENTER on behalf of defendant, Wyatt-Edison Charter School, against plaintiff, Doretta Tootle, as to all claims and causes of action asserted herein; provided, that the judgment shall be without prejudice;
4. That the Trial Preparation Conference, currently scheduled for Friday, December 2, 2011, at 3:30 p.m., as well as the trial to the court, currently scheduled to commence on Monday, December 5, 2011, are VACATED; and
5. That defendant is AWARDED its costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
BY THE COURT:
Robert E. Blackburn
United States District Judge