Filed: Feb. 29, 2012
Latest Update: Feb. 29, 2012
Summary: ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. This matter is before me on the following: (1) the Plaintiff's Motion To Amend Suit To Stop Unlawful Foreclosure [#54] 1 filed June 13, 2011; and (2) the Recommendation of United States Magistrate Judge [#64] filed August 10, 2011. No objections to the recommendation have been filed by the parties. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v.
Summary: ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. This matter is before me on the following: (1) the Plaintiff's Motion To Amend Suit To Stop Unlawful Foreclosure [#54] 1 filed June 13, 2011; and (2) the Recommendation of United States Magistrate Judge [#64] filed August 10, 2011. No objections to the recommendation have been filed by the parties. Therefore, I review the recommendation only for plain error. See Morales-Fernandez v. I..
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ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT E. BLACKBURN, District Judge.
This matter is before me on the following: (1) the Plaintiff's Motion To Amend Suit To Stop Unlawful Foreclosure [#54]1 filed June 13, 2011; and (2) the Recommendation of United States Magistrate Judge [#64] filed August 10, 2011. No objections to the recommendation have been filed by the parties. Therefore, I review the recommendation 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, I find and conclude that recommendation should be approved and adopted.
In her present motion, the plaintiff seeks permission to file a 34 page amended complaint. In the recommendation the magistrate judge details the reasons why the motion to amend should be denied based on the undue delay in amending the complaint. The plaintiff has failed to demonstrate that oversight, inadvertence, or excusable neglect excuse the substantial delay in filing her motion to amend her complaint.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#64] filed August 10, 2011, is APPROVED and ADOPTED as an order of this court; and
2. That the Plaintiff's Motion To Amend Suit To Stop Unlawful Foreclosure [#54] filed June 13, 2011, is DENIED.
