Oates v. Patella

Filing 29

ORDER. The Order and Recommendation of United States Magistrate Judge 28 filed 2/1/2012, is APPROVED AND ADOPTED. Defendant Matthew Patellas Motion To Dismiss All Remaining Claims Pursuant to Fed.R.Crim.Pro. [sic] 12(b)(6) 21 filed 10/17/2011, is GRANTED. Plaintiffs claims against defendant are DISMISSED WITHOUT PREJUDICE. Judgment SHALL ENTER on behalf of defendant, Matthew Patella, against plaintiff, Sherwyn Oates, on all claims for relief and causes of action asserted against him; provided, that the judgment shall be without prejudice. By Judge Robert E. Blackburn on 2/22/2012.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01871-REB-KLM
SHERWYN OATES,
Plaintiff,
v.
MATTHEW PATELLA,
Defendant.

ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Order and Recommendation of United States
Magistrate Judge [#28]1 filed February 1, 2012. 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).2 Finding
no such error in the magistrate judge’s recommended disposition, I find and conclude
that recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Order and Recommendation of United States Magistrate Judge
1

“[#28]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management 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. In addition, because plaintiff is proceeding pro se, I have construed his
pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by
lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007);
Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th
Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).

[#28] filed February 1, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant Matthew Patella’s Motion To Dismiss All Remaining
Claims Pursuant to Fed.R.Crim.Pro. [sic] 12(b)(6) [#21] filed October 17, 2011, is
GRANTED;
3. That plaintiff’s claims against defendant are DISMISSED WITHOUT
PREJUDICE; and
4. That judgment SHALL ENTER on behalf of defendant, Matthew Patella,
against plaintiff, Sherwyn Oates, on all claims for relief and causes of action asserted
against him; provided, that the judgment shall be without prejudice.
Dated February 22, 2012, at Denver, Colorado.
BY THE COURT:

2