Thrulow et al v. Countrywide Financial Corporation et al, No. 1:2008cv02582 - Document 12 (D. Colo. 2009)

Court Description: OPINION AND ORDER ADOPTING 11 RECOMMENDATION AND DISMISSING ACTION. The Court ADOPTS the Recommendation in its entirety. The 2 Complaint is DISMISSED with prejudice for failure to diligently prosecute this action under Fed. R. Civ. P. 41(b). The Clerk of the Court shall close this case, by Judge Marcia S. Krieger on 09/15/09.(wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-02582-MSK-KLM PETER D. THURLOW, JR.; and MICHELLE A. MARTINEZ, Plaintiffs, v. COUNTRYWIDE FINANCIAL CORPORATION, COUNTRYWIDE HOME LOAN, INC., and BANK OF NEW YORK; Defendants. ______________________________________________________________________________ OPINION AND ORDER ADOPTING RECOMMENDATION AND DISMISSING ACTION ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the August 24, 2009 Recommendation (# 11) of United States Magistrate Judge Kristen L. Mix that the action be dismissed with prejudice. More than 10 days have passed since the Recommendation was served on the parties, and no party has filed an Objection. Fed. R. Civ. P. 72(b). Accordingly, the Court reviews the Recommendation under whatever standard it deems appropriate. Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir.1991). This Court has reviewed the Recommendation under the otherwise applicable de novo standard of Fed. R. Civ. P. 72(b). Upon de novo review, the Court make the same findings as those of the Magistrate Judge, conductd the same analysis, and reaches the same conclusions for essentially the same reasons stated.1 Accordingly, the Court ADOPTS the Recommendation in its entirety. The Complaint (# 2) is DISMISSED with prejudice for failure to diligently prosecute this action under Fed. R. Civ. P. 41(b). The Clerk of the Court shall close this case. Dated this 15th day of September, 2009 BY THE COURT: Marcia S. Krieger United States District Judge 1 This Court would further note that the Plaintiffs failure to respond to the Recommendation in any way further demonstrates the lack of any intention to prosecute this case and further suggests that any sanction short of dismissal would be ineffective in inducing their future diligence.

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