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- cod;;1:17-cv-01580_de457 RegisterActionDate "2021-02-26" @default.
- cod;;1:17-cv-01580_de457 RegisterActionDescriptionText "RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 432 MOTION to Strike filed by 1825080. In this Motion, Plaintiff seeks to vacate every order and filing entered for the past two years. He has not cited any rule or other authority that would permit the Court to take such drastic action. But even if the Court were to construe this request as one made pursuant to Fed. R. Civ. P. 60(b), relief would not be warranted. Plaintiff seeks a reset of this matter (which would include reinstatement of claims and Defendants long since dismissed) due to his former counsel's alleged ineffective representation. Judge Brimmer has already rejected a similar argument in this case, explaining that Plaintiff's recourse is in a civil action for legal malpractice. # 394 at pp.5-6. Plaintiff now seeks even more extraordinary relief than he did previously, and the Court concludes Judge Brimmer's reasoning applies with equal measure here. Therefore, the Court RECOMMENDS this Motion be DENIED. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b)(2), the parties have fourteen (14) days after service of this recommendation to serve and file specific written objections to the above recommendation with the District Judge assigned to the case. A party may respond to another party's objections within fourteen (14) days after being served with a copy. The District Judge need not consider frivolous, conclusive, or general objections. A party's failure to file and serve such written, specific objections waives de novo review of the recommendation by the District Judge, and waives appellate review of both factual and legal questions. Thomas v. Arn, 474 U.S. 140, 14853 (1985); Makin v. Colorado Dep't of Corrs., 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91 F.3d 1411, 141213 (10th Cir. 1996). By Magistrate Judge S. Kato Crews on 2/26/2021. Text Only Entry (skclc1) (Entered: 02/26/2021)" @default.
- cod;;1:17-cv-01580_de457 AdministrativeID "455" @default.
- cod;;1:17-cv-01580_de457 hasReferenceToOtherEntry cod;;1:17-cv-01580_de395 @default.
- cod;;1:17-cv-01580_de457 hasReferenceToOtherEntry cod;;1:17-cv-01580_de434 @default.