Free Order on Report and Recommendations - District Court of Colorado - Colorado

Case 1:03-cv-02422-WDM-OES

Document 105

Filed 11/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER Civil Action No. 03-cv-2422-WDM-OES LUTHER EARL MADRY, JR., Plaintiff, v. LISA PICKERING, et al., Defendants.

ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE Miller, J. This matter is before me on the recommendation of Magistrate Judge O. Edward Schlatter, issued October 22, 2005, that this action be dismissed with prejudice. Plaintiff failed to file an objection to this recommendation and therefore is not entitled to de novo review. 28 U.S.C. § 636(b). I have reviewed the pertinent portions of the record in this case, and I agree with Magistrate Judge Schlatter' conclusion that Plaintiff has demonstrated a pattern of s neglecting his obligations in this case. Therefore, for substantially the reasons given in the recommendation, dismissal with prejudice is appropriate under Ehrenhaus v. Reynolds. 965 F.2d 916 (10th Cir. 1992). Accordingly, it is ordered: 1. The recommendation of Magistrate Judge Schlatter, issued October 6, 2005 (Docket No. 104), is accepted.

Case 1:03-cv-02422-WDM-OES

Document 105

Filed 11/21/2005

Page 2 of 2

2.

This case is dismissed with prejudice. DATED at Denver, Colorado, on November 21, 2005. BY THE COURT:

/s/ Walker D. Miller United States District Judge

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