Opinion
Civil Action No. 12-cv-03119-REB-KLM
01-09-2013
DAVID VERES, and ROBIN VERES, Plaintiffs, v. WELLS FARGO BANK, N.A., HSBC BANK USA NATIONAL ASSOCIATION, as trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificate Series 2006AR11, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, and Does 1-10, Inclusive, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate Judge [#7], filed December 19, 2012. 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.
"[#7]" 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 plaintiffs are proceeding pro se in this matter. Morales-Fernandez , 418 F.3d at 1122. In addition, because plaintiffs are proceeding pro se, I have construed their 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 [#7], filed December 19, 2012, is APPROVED AND ADOPTED as orders of this court; and
2. That plaintiff's Ex Parte Notice, Application for Temporary Restraining Order and Order To Show Cause re: Preliminary Injunction [#5], filed December 11, 2012, is DENIED.
Dated January 9, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge