Mann et al v. Bradshaw et al

Filing 36

ORDER accepting 34 Recommendation of Magistrate Judge Boyd N. Boland. This case is dismissed without prejudice pursuant to D.C. COLO. LCivR 41.1 for failure to prosecute, by Judge Walker D. Miller on 3/22/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 07-cv-02175-WDM-BNB ROBERT W. MANN, Plaintiff, v. KIT BRADSHAW, a Colorado resident, et al., Defendants. ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE Miller, J. This case is before me on the recommendation of Magistrate Judge Boyd N. Boland (Docket No. 34), filed March 1, 2010, that this case be dismissed pursuant to D.C.COLO.LCivR 41.1 for failure to prosecute. No party has filed an objection to the recommendation therefore no party is entitled to de novo review. 28 U.S.C. § 636(b). As noted by Magistrate Judge Boland, no filings have been made since April 14, 2008 and Plaintiff did not respond to Magistrate Judge Boland's Order to Show Cause (Docket No. 33) why the case should not be dismissed for lack of prosecution. I agree with Magistrate Judge Boland that Plaintiff has abandoned the action. Since the commencing document is not a complaint, but rather a petition under Fed. R. Civ. P. 27, I need not address whether dismissal without prejudice will nonetheless mean Plaintiff cannot refile the case because of the statute of limitations. See Ehrenhaus v. Reynolds, 965 F.2d 916, 921 (10th Cir. 1992).

Accordingly, it is ordered: 1. The recommendation of Magistrate Judge Boyd N. Boland (Docket No. 34) is accepted. 2. This case is dismissed without prejudice pursuant to D.C. COLO. LCivR 41.1 for failure to prosecute. DATED at Denver, Colorado, on March 22, 2010. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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