LaForce v. Wells Fargo Bank

Filing 71

ORDER Adopting Report and Recommendations re 70 . Ordered that under FED. R. CIV. P. 58, judgment without prejudice SHALL ENTER in favor of the defendant, Wells Fargo Bank, NA, against the plaintiff, Sherrie LaForce, and dismissing the complaint of the plaintiff. Ordered that the defendant is AWARDED its costs, to be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 by Judge Robert E. Blackburn on 01/15/14.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 10-cv-00302-REB-MEH
SHERRIE LAFORCE,
Plaintiff,
v.
WELLS FARGO BANK, N.A.,
Defendant.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate
Judge [#70]1 filed April 2, 2012. I approve and adopt the recommendation.
No objections to the recommendation were filed. Thus, 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
recommendation of the magistrate judge, I find and conclude that the recommendation
should be approved and adopted as an order of this court. Appropriately, the
magistrate judge recommends that the complaint [#1-2] of the plaintiff be dismissed,
without prejudice, based on the failure of the plaintiff to prosecute this case and her

1

“[#70]” 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.
2

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

failure to comply with the orders of the court.
In the recommendation [#70], the magistrate judge finds accurately the relevant
facts and analyzes correctly the factors which must be considered before dismissing a
complaint based on the failure of a plaintiff to prosecute his or her claims and the failure
of a plaintiff to comply with the orders of the court. See, e.g., Gripe v. City of Enid,
Okl., 312 F.3d 1184, 1188 (10th Cir. 2002), citing Ehrenhaus v. Reynolds, 965 F.2d
916, 918 (10th Cir. 1992). Based on that analysis, I agree with the recommendation of
the magistrate judge that this case must be dismissed under FED. R. CIV. P. 41(b).
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#70] filed
April 2, 2012, is APPROVED and ADOPTED as an order of this court;
2. That under FED. R. CIV. P. 41(b), the complaint [#1-2] of the plaintiff is
DISMISSED without prejudice based on the failure of the plaintiff to prosecute her
claims and her failure to comply with the orders of the court;
3. That under FED. R. CIV. P. 58, judgment without prejudice SHALL ENTER in
favor of the defendant, Wells Fargo Bank, NA, against the plaintiff, Sherrie LaForce, and
dismissing the complaint of the plaintiff [#1-2]; and
4. That the defendant is AWARDED its costs, to be taxed by the clerk of the
court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated January 16, 2014, at Denver, Colorado.
BY THE COURT:

2