Powers v. Hautzinger et al

Filing 88

ORDER. The Recommendation of United States Magistrate Judge 85 filed 05/03/2010, is APPROVED AND ADOPTED. This case is DISMISSED based on the plaintiffs failure to comply with D.C.COLO.LCivR 10.1M. and, under FED. R. CIV. P. 41(b), for failure to prosecute. JUDGMENT SHALL ENTER in favor of the defendants, Pete Hautzinger and the Attorney General of the State of Colorado, against the plaintiff, John J. Powers. Defendant Hautzingers Motion To Dismiss Pursuant to F.R.Civ.P. 12(b)(6) 36 filed 11/09/2009, is DENIED as moot. Defendant Colorado Attorney Generals Motion To Dismiss 47 filed 12/14/2009, is DENIED as moot. 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. By Judge Robert E. Blackburn on 08/23/2010.(sah, )

Powers v. Hautzinger et al

Doc. 88

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn
C iv il Case No. 09-cv-01190-REB-BNB J O H N J. POW E R S , P la in tif f, v. P E T E HAUTZINGER, and T H E ATTORNEY GENERAL OF THE STATE OF COLORADO, D e f e n d a n ts .

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is matter before me on: (1) Defendant Hautzinger's Motion To Dismiss Pursuant to F.R.Civ.P. 12(b)(6) [#36]1 filed November 9, 2009; (2) Defendant Colorado Attorney General's Motion To Dismiss [#47] filed December 14, 2009; and (3) the Recommendation of United States Magistrate Judge [#85] filed May 3, 2010. No objections to the recommendation have been filed and, therefore, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no error, much less plain error, in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

"[#36]" is an exam p le of the convention I use to identify the docket num b e r assigned to a s p e c if ic paper by the court's case m a n a g e m e n t and electronic case filing system (CM/ECF). I use this c o n v e n tio n throughout this order. This standard pertains even though plaintiff is proceeding pro se in this m a t t e r . MoralesF e r n a n d e z , 418 F.3d at 1122.
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Dockets.Justia.com

Since early April of this year, mail addressed to the plaintiff, John J. Powers, at his address of record routinely is returned as undeliverable because Powers no longer is at his address of record. On April 19, 2010, the magistrate judge issued an Order To Show Cause [#84] to Powers directing Powers to show cause, in writing, why this case should not be dismissed for failure to keep the court informed of his current address, in violation of D.C.COLO.LCivR 10.1M., and for failure to prosecute. Powers did not respond to the order to show cause. Powers' last filing in this case [#72] was received on March 23, 2010. This case must be dismissed based on Powers' failure to keep this court informed of his current address, in violation of D.C.COLO.LCivR 10.1M., and his failure to prosecute this action. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#85] filed May 3, 2010, is APPROVED AND ADOPTED as an order of this court; 2. That this case is DISMISSED based on the plaintiff's failure to comply with D.C.COLO.LCivR 10.1M. and, under FED. R. CIV. P. 41(b), for failure to prosecute;
3 . That JUDGMENT SHALL ENTER in favor of the defendants, Pete Hautzinger a n d the Attorney General of the State of Colorado, against the plaintiff, John J. Powers; 4. That Defendant Hautzinger's Motion To Dismiss Pursuant to F.R.Civ.P.

12(b)(6) [#36] filed November 9, 2009, is DENIED as moot;
5 . That Defendant Colorado Attorney General's Motion To Dismiss [#47]

filed December 14, 2009, is DENIED as moot; and

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6. 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. Dated August 23, 2010, at Denver, Colorado. BY THE COURT:

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