Moore v. One West/Indy Mac Bank

Filing 12

ORDER. The Recommendation of United States Magistrate Judge 9 , filed 07/12/2010, is APPROVED AND ADOPTED. Plaintiffs Petition for Restraining Order 2 , filed 06/21/2010, is DENIED. Plaintiffs Petitioner [sic] for Temporary Injunction 3 , filed 06/21/2010 is DENIED. By Judge Robert E. Blackburn on 08/26/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 10-cv-01455-REB-CBS REBECCA S. MOORE, Plaintiff, v. ONE WEST/INDY MAC BANK, Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#9], filed July 12, 2010. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition,2 I find and conclude that the recommendation should be approved and adopted.

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition to the reasons stated by the magistrate judge justifying denial of plaintiff's motions for preliminary injunctive relief, I note that the real property that is the subject of those motions has now been sold. (See El Paso County Public Trustee, El Paso Foreclosure Property Search, Foreclosure Number EPC200901721(available at http://www.elpasopublictrustee.com/index.aspx) (last accessed August 24, 2010)). The motions therefore additionally are moot.
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THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#9], filed July 12, 2010, is APPROVED AND ADOPTED as an order of this court; 2. That plaintiff's Petition for Restraining Order [#2], filed June 21, 2010, is DENIED; and 3. That plaintiff's Petitioner [sic] for Temporary Injunction [#3], filed June 21, 2010, is DENIED. Dated August 26, 2010, at Denver, Colorado. BY THE COURT:

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