Case Information
*1 Case 1:12-cv-02496-REB-MJW Document 30 Filed 04/23/13 USDC Colorado Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 12-cv-02496-REB-MJW
EPIAH BHOMENGO,
Plaintiff,
v.
HOSPITAL SHARED SERVICES, INC., aka HSS, Inc.,
Defendant. ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J.
This matter is before me on the following: (1) the Defendant’s Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [#13] [1] filed October 29, 2012; and (2) the corresponding Recommendation on Defendant’s Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Docket No. 13) [#26] filed January 4, 2013. No objections to the recommendation have been filed. I approve and adopt the recommendation and grant the motion to dismiss.
No objections to the recommendation were filed. Thus, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d 1116, 1122 (10 th Cir. 2005). As detailed in the recommendation [#26], the plaintiff’s claim is time barred, and there is no basis established in the record to apply equitable tolling. *2 Case 1:12-cv-02496-REB-MJW Document 30 Filed 04/23/13 USDC Colorado Page 2 of 2 As a result, the plaintiff’s complaint must be dismissed. The conclusions and recommendation of the magistrate judge are correct and circumstantiated. Finding no error, much less plain error, in the disposition recommended by the magistrate judge, I find and conclude that the recommendation should be approved and adopted as an order of this court.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendant’s Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Docket No. 13) [#26] filed January 4, 2013, is APPROVED and ADOPTED as an order of this court;
2. That the Defendant’s Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [#13] filed October 29, 2012, is GRANTED ;
3. That under F ED . R. C IV . P. 12(b)(6), the plaintiff’s complaint [#1] is DISMISSED ; 4. That judgment SHALL ENTER in favor of the defendant, Hospital Shared Services, Inc. aka HSS, Inc., against the plaintiff, Epiah Bhomengo, on all claims for relief and causes of action asserted in this case;
5. That the defendant is AWARDED its costs to be taxed by the clerk of the court in the time and manner prescribed by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and
6. That this case is CLOSED .
Dated April 23, 2013, at Denver, Colorado.
BY THE COURT: 2
[1] “[#13]” 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.