1

 “[#24]” is an example of the convention I use to identify the docket number assigned to a

specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this

convention throughout this order.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02366-REB-CBS

MARTIN ARCADIO SANCHEZ

Plaintiff,

v.

ROBERT FYLES, Deputy A.C.D.E.,

KYLE WANDERSEE, Nurse, A.C.D.E.,

KELLY VOLK, Nurse, A.C.D.E.,

CHERYL GROOTHUIS, Nurse, A.C.D.E.,

MISHA STRONG, Nurse, A.C.D.E.,

DEP. DUMMAR, Deputy, A.C.D.E., and

DEP. GORSAGE, Deputy, A.C.D.E.

Defendants.

ORDER ADOPTING RECOMMENDATION OF THE 

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

This matter is before me on the following: (1) Defendants Cheryl Groothuis’s

and Misha Strong’s Motion To Dismiss for Failure To State a Claim Under FED. R.

CIV. P. 12(b)(6) [#24]1

 filed December 29, 2011; (2) the Recommendation of United

States Magistrate Judge [#34] filed March 29, 2012; and (2) Defendants Cheryl

Groothuis’s and Misha Strong’s Motion Requesting the District Court Adopt the

Report and Recommendation of the Magistrate Dated March 29, 2012 [#35] filed

July 24, 2012. 

Case 1:11-cv-02366-REB-CBS Document 37 Filed 07/31/12 USDC Colorado Page 1 of 3
2

 This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

2

No objections to the recommendation have been filed. Thus, I review it only for

plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418

F.3d 1116, 1122 (10th Cir. 2005).2

 Finding no error, much less plain error, in the

magistrate judge’s recommended disposition of this case, I find and conclude that the

recommendation should be approved and adopted as an order of this court. Thus,

concomitantly, I grant the motion to adopt the recommendation. 

Appropriately, the magistrate judge recommends that the plaintiffs’ complaint be

dismissed without prejudice. This recommendation is based on the failure of the plaintiff

to appear for two scheduling conferences set by the court, failure to comply with the

Local Rules of Practice of the United States District Court for the District of Colorado

and the Federal Rules of Civil Procedure, failure to comply with the orders of this court,

failure to respond to the court’s March 6, 2012, Order To Show Cause [#33], and failure

to prosecute this action. The magistrate judge accurately summarizes the relevant facts

and accurately summarizes and applies the relevant law. 

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#34] filed

March 29, 2012, is APPROVED AND ADOPTED as an order of this court;

2. That this action is DISMISSED WITHOUT PREJUDICE based on the failure

of the plaintiff to appear for two scheduling conferences set by the court, failure to

comply with the Local Rules of Practice of the United States District Court for the District

of Colorado and the Federal Rules of Civil Procedure, failure to comply with the orders

of this court, failure to respond to the court’s March 6, 2012, Order To Show Cause

Case 1:11-cv-02366-REB-CBS Document 37 Filed 07/31/12 USDC Colorado Page 2 of 3
3

[#33], and failure to prosecute this action; 

3. That under FED. R. CIV. P. 58, judgment SHALL ENTER in favor of the

defendants, Robert Fyles, Deputy A.C.D.F., Kyle Wandersee, Nurse A.C.D.F., Kelly

Volk, Nurse A.C.D.F., Cheryl Groothuis, Nurse A.C.D.F., Misha Strong, Nurse A.C.D.F.,

Dep. Dummar, Deputy A.C.D.F., and Dep. Gorsage, Deputy A.C.D.F., and against the

plaintiff, Martin Arcadio Sanchez;

4. That defendants are AWARDED their costs, to be taxed by the clerk of the

court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1;

5. That Defendants Cheryl Groothuis’s and Misha Strong’s Motion

Requesting the District Court Adopt the Report and Recommendation of the

Magistrate Dated March 29, 2012 [#35] filed July 24, 2012, is GRANTED; 

6. That Defendants Cheryl Groothuis’s and Misha Strong’s Motion To

Dismiss for Failure To State a Claim Under FED. R. CIV. P. 12(b)(6) [#24] filed

December 29, 2011, is DENIED as moot; and

7. That this case is CLOSED.

Dated July 31, 2012, at Denver, Colorado.

BY THE COURT:

Case 1:11-cv-02366-REB-CBS Document 37 Filed 07/31/12 USDC Colorado Page 3 of 3