Thurmond v. Dick et al

Filing 49

ORDER adopting 48 Recommendations of the United States Magistrate Judge. Plaintiff's Motion To Reverse 4/8/13 Order To Dismiss WithoutPrejudice; and Inform the Court of Service [# 46 ], filed August 9, 2013, is DENIED. By Judge Robert E. Blackburn on 9/26/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-00629-REB-KMT
NICK L. THURMOND,
Plaintiff,
v.
CLYDE M. DICK, D.D.S.,
Defendant.

ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate
Judge [#48],1 filed September 6, 2013. 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 the recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:

1

“[#48]” 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)).

1. That the Recommendation of United States Magistrate Judge [#48], filed
September 6, 2013, is APPROVED AND ADOPTED as an order of this court; and
2. That plaintiff’s Motion To Reverse 4/8/13 Order To Dismiss Without
Prejudice; and Inform the Court of Service [#46], filed August 9, 2013, is DENIED.
Dated September 26, 2013, at Denver, Colorado.
BY THE COURT:

2