Veres et al v. Wells Fargo Bank, N.A. et al

Filing 8

ORDER re 5 Motion for TRO and 7 Report and Recommendations. The Recommendation of United States Magistrate Judge # 7 , filed 12/19/2012, is Approved and Adopted as orders of this court. Plaintiff's Ex Parte Notice, Application for Temporary Restraining Order and Order To Show Cause re: Preliminary Injunction # 5 , filed 12/11/2012, is Denied. By Judge Robert E. Blackburn on 1/9/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-03119-REB-KLM
DAVID VERES, and
ROBIN VERES,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
HSBC BANK USA NATIONAL ASSOCIATION, as trustee for Wells Fargo Asset
Securities Corporation, Mortgage Pass-Through Certificate Series 2006AR11,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, and Does 1-10, Inclusive,
Defendants.

ORDER ADOPTING RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before is the Recommendation of United States Magistrate
Judge [#7],1 filed December 19, 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 the recommendation should be approved and adopted.
1

“[#7]” 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 plaintiffs are proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition, because plaintiffs are proceeding pro se, I have construed their
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)).

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#7], filed
December 19, 2012, is APPROVED AND ADOPTED as orders of this court; and
2. That plaintiff’s Ex Parte Notice, Application for Temporary Restraining
Order and Order To Show Cause re: Preliminary Injunction [#5], filed December 11,
2012, is DENIED.
Dated January 9, 2013, at Denver, Colorado.
BY THE COURT:

2