Opinion
Civil Action No. 14-cv-00329-REB-KMT
11-20-2014
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#43], filed October 21, 2014. No timely objection 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).
"[#43]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. Plaintiff's suggestion that the general and wholly conclusory allegations of the Amended Complaint are sufficient to withstand a motion to dismiss evidences a profound misunderstanding of the current state of the law governing motions under Rule 12(b)(6). See, e.g., Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (noting that mere "labels and conclusions or a formulaic recitation of the elements of a cause of action" are not sufficient to defeat a motion to dismiss); Robbins v. Oklahoma, 519 F.3d 1242, 1247-48 (10th Cir. 2008) ("Without some factual allegation in the complaint, it is hard to see how a claimant could satisfy the requirement of providing not only 'fair notice' of the nature of the claim, but also 'grounds' on which the claim rests.") (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007)) (internal citations and footnote omitted). See also Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007) ("[T]he complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims.") (emphases in original). Because plaintiff's Amended Complaint utterly fails to meet these standards, his claims are properly dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#43], filed October 21, 2014, is APPROVED and ADOPTED as an order of this court;
2. That County Defendant's Motion To Dismiss Amended Complaint (Doc. No. 23) Pursuant to Fed. R. Civ. P. 12(b)(6) and 8(a) [#28], filed is June 12, 2014, is GRANTED;
3. That plaintiff's claims are DISMISSED WITHOUT PREJUDICE; and
4. That judgment without prejudice SHALL ENTER on behalf of defendant, the Board of County Commissioners of the County of El Paso, State of Colorado, and against plaintiff, Rafael Torres, Jr., as to all claims and causes of action asserted herein.
Dated November 20, 2014, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge