Opinion
Civil Case No. 11-cv-02276-REB-KMT
09-03-2013
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: 1) the defendant's Motion to Dismiss Amended Complaint [#28] filed October 3,2012; and 2) the Recommendation of United States Magistrate Judge [#30] filed March 15, 2013, which addresses the motion to dismiss. Because no objections to the recommendation have been filed, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the magistrate judge's recommended disposition of this case, I find and conclude that the recommendation should be approved and adopted as an order of this court.
"[#28]" 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.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122.
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In its motion, the defendant seeks dismissal of the plaintiff's complaint under FED. R. CIV. P. 12(b)(1) and (6). In her recommendation, the magistrate judge examines the allegations in the plaintiff's amended complaint [#26] and applies properly the standards applicable under FED. R. CIV. P. 12(b)(1) and (6). I agree with the conclusions of the magistrate judge that, accepting the plaintiff's factual allegations as true, the complaint does not state a claim for which relief can be granted. In addition, I agree with the magistrate judge that this court may not properly exercise jurisdiction over any state law claim the plaintiff intends to assert.
THEREFORE, IT IS ORDERED as follows:
1. That the Order and Recommendation of United States Magistrate Judge [#30] filed March 15, 2013, is APPROVED AND ADOPTED as an order of this court;
2. That the defendant's Motion to Dismiss Amended Complaint [#28] filed October 3,2012, is GRANTED;
3. That under FED. R. CIV. P. 12(b)(1) and (6), the plaintiff's amended complaint [#26] is DISMISSED without prejudice;
4. That JUDGMENT SHALL ENTER in favor of the defendant, Boulder County, and against the plaintiff, Raul Treto;
5. That defendant is AWARDED its costs to be taxed by the clerk of the court in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and
6. That this case is CLOSED.
Dated September 3, 2013, at Denver, Colorado.
BY THE COURT:
______________________
Robert E. Blackburn
United States District Judge