Wallace v. Trans Union LLC et al
ORDER granting in part and denying in part 45 Motion to Dismiss, denying as moot 47 Report and Recommendations, adopting 49 Report and Recommendations, and denying as moot 18 Motion to Dismiss. 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-01135-RM-NYW
BRIAN WILLIAM WALLACE,
TRANS UNION LLC, and
This matter is before the Court on the September 9, 2019, recommendation of United
States Magistrate Judge Nina Y. Wang (ECF No. 49) to grant in part and deny in part Plaintiff’s
motion to dismiss this case without prejudice (ECF No. 45). 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 given the lack of objection by Defendants 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. 45 at 1), 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. 49) and
GRANTS IN PART and DENIES IN PART the motion to dismiss this case without prejudice
(ECF No. 45), as stated herein. The Court further DENIES AS MOOT the magistrate judge’s
prior recommendation (ECF No. 47) and Defendants’ motion to dismiss or strike (ECF No. 18).
The Court 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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