Oates v. Patella
ORDER. The objections stated in plaintiffs Objection to Magistrates Recommendation 31 filed 2/24/2012, are OVERRULED. By Judge Robert E. Blackburn on 3/6/2012. (sah, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01871-REB-KLM
ORDER OVERRULING OBJECTIONS TO
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The matter before me is plaintiff’s Objection to Magistrate’s Recommendation
[#31]1 filed February 24, 2012. This objection to the Order and Recommendation of
United States Magistrate Judge [#28] filed February 1, 2012, was filed beyond the
February 18, 2012, deadline for the filing of objections provided by Fed. R. Civ. P.
72(b)(2), which was specifically referenced and explicated in the magistrate judge’s
recommendation (see id. at 8). They were received by the court two days after the
entry of my Order Adopting Recommendations [sic] of the United States Magistrate
Judge [#29], filed February 22, 2012, and on the same day that the Final
Judgment [#30], filed February 24, 2012, was entered.
Nevertheless, because plaintiff is proceeding pro se, I have considered his
“[#31]” 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.
belated objections. 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)).
As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the
recommendation to which objections have been filed, and have considered carefully the
recommendation, objections, and applicable caselaw. Plaintiff’s objections are
imponderous and without merit. Therefore, I find and conclude that his objections must
THEREFORE, IT IS ORDERED that the objections stated in plaintiff’s Objection
to Magistrate’s Recommendation [#31] filed February 24, 2012, are OVERRULED.
Dated March 6, 2012, at Denver, Colorado.
BY THE COURT:
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