Schneider v. Cooper et al

Filing 93

ORDER. The Recommendation of United States Magistrate Judge 92 filed 12/16/2009, is APPROVED AND ADOPTED as an order of this court. The Defendants Motion To Dismiss Plaintiffs Second Amended Complaint or for Summary Judgment with Incorporated Brie f Authority 73 filed 06/08/2009, is GRANTED. Under FED. R. CIV. P. 12(b)(6), the plaintiffs Second Amended Prisoner Complaint 69 filed 05/18/2009, is DISMISSED WITH PREJUDICE. JUDGMENT SHALL ENTER in favor of the defendants, Elaine Cooper, L.P. C., David Newcomb, C.A.C., III, Lori Lamm-Swanson, L.P.C.., and Vicki Rodgers, and against the plaintiff, Joseph James Schneider. The defendants are AWARDED their costs to be taxed by the Clerk of the Court pursuant to FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1. This case is DISMISSED. By Judge Robert E. Blackburn on 02/16/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01856-REB-KMT JAMES JOSEPH SCHNEIDER, Plaintiff, v. ELAINE COOPER, L.P.C., DAVID NEWCOMB, C.A.C., III, LORI LAMM-SWANSON, L.P.C., and VICKI RODGERS, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is before me on the following: (1) Defendants' Motion To Dismiss Plaintiff's Second Amended Complaint or for Summary Judgment with Incorporated Brief Authority [#73]1 filed June 8, 2009; and (2) the Recommendation of United States Magistrate Judge [#92] filed December 16, 2009. The plaintiff filed a response [#82] to the motion to dismiss or for summary judgment, and the defendants filed a reply [#91]. No objections to the recommendation have been filed. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v.

"[#73]" 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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Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 I have considered carefully the recommendation and the applicable case law. The recommendation is detailed and well-reasoned. Finding no error, much less plain error, in the magistrate judge's reasoning and recommended disposition, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#92] filed December 16, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That the Defendants' Motion To Dismiss Plaintiff's Second Amended Complaint or for Summary Judgment with Incorporated Brief Authority [#73] filed June 8, 2009, is GRANTED; 3. That under FED. R. CIV. P. 12(b)(6), the plaintiff's Second Amended Prisoner Complaint [#69] filed May 18, 2009, is DISMISSED WITH PREJUDICE; 4. That JUDGMENT SHALL ENTER in favor of the defendants, Elaine Cooper, L.P.C., David Newcomb, C.A.C., III, Lori Lamm-Swanson, L.P.C.., and Vicki Rodgers, and against the plaintiff, Joseph James Schneider; 5. That the defendants are AWARDED their costs to be taxed by the Clerk of the Court pursuant to FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and

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

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6. That this case is DISMISSED. Dated February 16, 2010, at Denver, Colorado. BY THE COURT:

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