Brooker, et al. v. Gould, et al.

Filing 17

ORDER adopting 15 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. That the Recommendation of United States Magistrate Judge is APPROVED AND ADOPTED. This action is DISMISSED WITHOUT PREJUDICE. That judgment SHALL ENTER in favor of thedefendants. Defendants are AWARDED their costs, to be taxed by the clerk of thecourt. By Judge Robert E. Blackburn on 6/21/12.(dbrow, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 12-cv-00548-REB-KMT CAREY W. BROOKER, and LENORA RENEE BROOKER, Plaintiffs, v. RUSSELL JAY GOULD, Plenipotentiary Judge for the Witnessing of the Parse-SyntaxGrammar of the Vassalees-Fraudulent-Parse-Syntax-Grammar-Documents, EDGAR J. TROMMETER, LAS ANIMAS COUNTY, COLORADO SHERIFFS DEPARTMENT, and JAMES W. CASIAS, Las Animas County, Colorado Sheriff, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is before me on the Recommendation of United States Magistrate Judge [#15]1 filed May 4, 2012. I approve and adopt the recommendation. No objections to the recommendation have been 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 magistrate judge’s recommended disposition of this case, I find and conclude that the recommendation should be approved and adopted as an order of this court. 1 “[#15]” 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. Appropriately, the magistrate judge recommends that the plaintiffs’ complaint be dismissed, without prejudice, for failure to comply with D.C.COLO.LCivR 8.1A. and FED. R. CIV. P. 8. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#15] filed May 4, 2012, is APPROVED AND ADOPTED as an order of this court; 2. That this action is DISMISSED WITHOUT PREJUDICE based on the plaintiffs’ failure to comply with D.C.COLO.LCivR 8.1A. and FED. R. CIV. P. 8; 3. That under FED. R. CIV. P. 58, judgment SHALL ENTER in favor of the defendants Russell Jay Gould, Plenipotentiary Judge for the Witnessing of the ParseSyntax-Grammar of the Vassalees-Fraudulent-Parse-Syntax-Grammar-Documents, Edgar J. Trommeter, Las Animas County, Colorado Sheriffs Department, and James W. Casias, Las Animas County, Colorado Sheriff against the plaintiffs Carey W. Brooker, and Lenora Renee Brooker; and 4. That defendants are AWARDED their costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. Dated June 21, 2012, at Denver, Colorado. BY THE COURT: 2

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