Murray v. Hautzinger et al

Filing 53

ORDER. The Magistrate Judge's Recommendation is correct and order anew that the action is dismissed. By Judge Lewis T. Babcock on 10/27/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 09-cv-02021-LTB-MJW CAREY A. MURRAY, Plaintiff, v. TASHA DOBBS, Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on Plaintiff's Motion for Relief from Judgment (Doc 52 - filed October 14, 2010). In it, Plaintiff asserts that his objections to the Magistrate Judge's Recommendation were indeed timely under the prison mail deposit rule. On September 10, 2010, I entered my Order striking Plaintiff's response as untimely but in the alternative concluding that the Magistrate Judge's Recommendation is nevertheless correct. Out of an abundance of caution, I have re-reviewed the Magistrate Judge's Recommendation de novo in light of the file and record in this case. I again conclude that the Magistrate Judge's Recommendation is correct and order anew that the action is dismissed. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: October 27, 2010

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