FD Trust et al v. Kareus, et al
Filing
11
ORDER Adopting and Affirming 10 Report and Recommendations by Judge Christine M. Arguello on 3/25/13. This case is dismissed without prejudice.(dkals, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-03041-CMA-KMT
FD TRUST, and
FLOYD DUBEY, Trustee,
Plaintiffs,
v.
TRUDY KAREUS, SED, and
PAUL WHITE,
Defendants.
ORDER ADOPTING AND AFFIRMING OCTOBER 29, 2012
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the March 27, 2013 Recommendation by
United States Magistrate Judge Kathleen M. Tafoya that Plaintiff’s Complaint should be
dismissed sua sponte, without prejudice, for failure to comply with Local Rule 8.1A and
Fed. R. Civ. P. 8. (Doc. # 10.) The Recommendation 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 (14) days after being served with a copy of the Recommendation.
(Doc. # 10 at 5.) Despite this advisement, no objections to Magistrate Judge Tafoya’s
Recommendation have been filed by either party. “In the absence of timely objection,
the district court may review a magistrate [judge’s] report under any standard it deems
appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v.
Arn, 474 U.S. 140, 150 (1985) (stating that “[i]t does not appear that Congress intended
to require district court review of a magistrate’s factual or legal conclusions, under a
de novo or any other standard, when neither party objects to those findings.”).
The Court has reviewed all the relevant pleadings in the docket, including the
Recommendation. Based on this review, the Court agrees with Magistrate Judge
Tafoya that Plaintiff’s Complaint (Doc. # 1-1) should be dismissed for failure to comply
with Local Rule 8.1A and Fed. R. Civ. P. 8. Therefore, the Court ADOPTS the
Recommendation of Magistrate Judge Tafoya as the findings and conclusions of
this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 10) is AFFIRMED and ADOPTED.
It is FURTHER ORDERED that this case be DISMISSED WITHOUT
PREJUDICE for failure to comply with Local Rule 8.1A and Fed. R. Civ. P. 8.
DATED: March
25
, 2013
BY THE COURT:
_______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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