Bath v. Experian Information Solutions Inc et al

Filing 191

ORDER granting in part and denying in part 184 Motion to Dismiss, denying as moot 188 Report and Recommendations, and adopting 190 Report and Recommendations. Entered by Judge Raymond P. Moore on 10/7/2019. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 1:19-cv-00106-RM-NYW
BRIAN BATH,
Plaintiff,
v.
TRANS UNION LLC,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the September 9, 2019, amended recommendation of
United States Magistrate Judge Nina Y. Wang (ECF No. 190) to grant in part and deny in part
Plaintiff’s motion to dismiss this case without prejudice (ECF No. 184). The Court accepts the
recommendation, and it is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed.
R. Civ. P. 72(b).
The recommendation advised the parties that specific written objections were due within
fourteen days after being served with a copy of the recommendation. No party objected to the
recommendation, and the time to do so has expired. “In the absence of a timely objection, the
district court may review a magistrate judge’s report under any standard it deems appropriate.”
Summers v. State of Utah, 927 F.3d 1165, 1167 (10th Cir. 1991).
The magistrate judge evaluated Plaintiff’s motion and determined that it should be
construed as unopposed and that the case should be dismissed without prejudice. But the
magistrate judge also determined that Plaintiff’s request that the Court “waive all Pacer fees,

past, present, and future” (ECF No. 184 at 2), should be denied due to Plaintiff’s pattern of
litigation in this District. The Court discerns no error with respect to the magistrate judge’s
analysis and agrees with her recommendation.
Therefore, the Court ACCEPTS and ADOPTS the recommendation (ECF No. 190) and
GRANTS IN PART and DENIES IN PART the motion to dismiss this case without prejudice
(ECF No. 184), as stated herein. The Court DENIES AS MOOT the magistrate judge’s prior
recommendation (ECF No. 188) and directs the Clerk to CLOSE this case.
DATED this 7th day of October, 2019.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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