Wallace v. Capital One Services II LLC et al

Filing 51

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)

Download PDF
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, Plaintiff, v. 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, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?