Mutual of Omaha Bank v. McKee

Filing 14

ORDER ADOPTING 11 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Plaintiff's Motion for Remand To State Court 6 is GRANTED. This action is REMANDED to the District Court, Jefferson County, Colorado. The plaintiff's Motion for Appointment of Receiver 13 is DENIED as moot. By Judge Robert E. Blackburn on 5/23/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-02936-REB-KLM
MUTUAL OF OMAHA BANK,
Plaintiff,
v.
GARY W. MCKEE, of McKee Enterprises, and any and all occupants claiming an
interest under the defendant,
Defendant.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the Plaintiff’s Motion for Remand
To State Court [#6]1 filed December 1, 2011; and; (2) the Recommendation of United
States Magistrate Judge [#11] filed January 23, 2012. The plaintiff has not filed
objections to the recommendation. I approve and adopt the recommendation, grant the
motion to remand, and remand this case.
The plaintiff is proceeding pro se. Thus, I have construed his pleadings and other
filings 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 (2007); Andrews v.
Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110

1

“[#6]” 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.

(10th Cir. 1991).
The plaintiff did not file objections to the recommendation and, therefore, I review
the recommendation 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, I approve and adopt the recommendation and grant the motion to
remand.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#11] filed
January 23, 2012, is APPROVED and ADOPTED as an order of this court;
2. That the Plaintiff’s Motion for Remand To State Court [#6] filed December
1, 2011, is GRANTED;
3. That this action is REMANDED to the District Court, Jefferson County,
Colorado; and
4. That the plaintiff’s Motion for Appointment of Receiver [#13] filed May 21,
2012, is DENIED as moot.
Dated May 23, 2012, at Denver, Colorado.
BY THE COURT:

2

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

2