Walters v. U.S.

Full title: BRANDON LANE WALTERS, Plaintiff, v. UNITED STATES, Defendant

Court: United States District Court, D. Colorado

Date published: Sep 28, 2005

Civil Action No. 04-cv-00374-EWN-OES (D. Colo. Sep. 28, 2005)

Opinion

Civil Action No. 04-cv-00374-EWN-OES.

September 28, 2005

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

EDWARD NOTTINGHAM, District Judge

This matter is before the court on the "Recommendation of United States Magistrate Judge" filed September 7, 2005. No party has objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is

ORDERED as follows:

1. The recommendation (#32) is ACCEPTED.

2. Defendant's Motion to Dismiss (#20) filed September 21, 2004 is DENIED.

3. Claim One of Plaintiff's Second Amended Complaint filed June 8, 2004 is DISMISSED sua sponte, with prejudice, for failure to state a claim upon which relief can be granted.

4. Plaintiff may proceed in this action on Claims Two, Three and Four of his Second Amended Complaint with Claim Five being allowed only as appropriate and to the extent permitted by law, see Fed.R.Civ.P. 54(d)(1).