Wallace v. Capital One Services II LLC et al
ORDER granting 47 Motion to Dismiss, adopting 49 Report and Recommendations, and denying as moot 23 Motion to Dismiss and 24 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-01359-RM-NYW
BRIAN WILLIAM WALLACE,
CAPITAL ONE BANK (USA), N.A. d/b/a Capital One,
SCRIBD, INC., and
C.A. HARRISON ENTERPRISES d/b/a Background USA, Inc. d/b/a Vital Records USA,
This matter is before the Court on the August 23, 2019, recommendation of United States
Magistrate Judge Nina Y. Wang (ECF No. 49) to grant Plaintiff’s motion to dismiss this case
without prejudice (ECF No. 47) and to deny as moot two other pending motions to dismiss (ECF
Nos. 23, 24). The Court adopts 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 a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and that the case
should be dismissed without prejudice. 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 the motion to dismiss this case without prejudice (ECF No. 47), DENIES AS MOOT
the pending motions to dismiss (ECF Nos. 23, 24), 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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