Hale v. Ashcroft et al

Filing 62

ORDER adopting 61 Report and Recommendations.granting 53 United States Motion to Dismiss; That plaintiff's Sixth Claim for Relief is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies as required by the Federal Tort Claims Act; and That the United States is DROPPED as a party defendant to this action, and the case caption AMENDED accordingly. Signed by Judge Robert E. Blackburn on 2/7/08.(erv, )

Hale v. Ashcroft et al

Doc. 62

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 06-cv-00541-REB-KLM MATTHEW F. HALE, Plai nti ff, v. UNITED STATES, et al., Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#61], filed January 11, 2008. 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).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#61], filed January 11, 2008, is APPROVED AND ADOPTED as an order of this court;

This standard pertains even though plaintiff is proceeding pro se. Morales-Fernandez, 418 F.3d at 1122.

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2. That the United States' Motion To Dismiss [#53], filed August 22, 2007, is GRANTED; 3. That plaintiff's Sixth Claim for Relief is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies as required by the Federal Tort Claims Act; and 4. That the United States is DROPPED as a party defendant to this action, and the case caption AMENDED accordingly. Dated February 7, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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