Tran v. Clayton et al

Filing 10

ORDER. The Recommendation of United States Magistrate Judge 9 filed 04/17/2007, is APPROVED AND ADOPTED as an order of this court. This action is DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 10/01/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 06-cv-02400-REB-CBS TUAN TRAN, Plaintiff, v. ROBERT CLAYTON, TIM FANDRICH, and SUNGARD, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#9]1 filed April 17, 2007. Because petitioner is proceeding pro se, I have viewed his filings generously and with the leniency due a pro se litigant, see Erickson v. Pardus, 551 U.S. 89 ___, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). 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

"[#9]" 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.

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1116, 1122 (10th Cir. 2005).2 Finding no error ­ let alone plain error ­ in the magistrate judge's recommendation for dismissal without prejudice, 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 [#9] filed April 17, 2007, is APPROVED AND ADOPTED as an order of this court; and 2. That this action is DISMISSED WITHOUT PREJUDICE. Dated October 1, 2009, at Denver, Colorado. BY THE COURT:

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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