Sisneros v. USA et al

Filing 112

ORDER AFFIRMED AND ADOPTED 111 Report and Recommendations of United States Magistrate Judge Kristen L. Mix. it is FURTHER ORDERED that Defendants Motion for Summary Judgment 104 is GRANTED and this case is DISMISSED. by Judge Christine M. Arguello on 3/18/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 06-cv-00311-CMA-KLM CASEY LEE SISNEROS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ORDER ADOPTING AND AFFIRMING JANUARY 30, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Defendant's Motion for Summary Judgment (Doc. # 104), filed November 12, 2008. The motion was referred to Magistrate Judge Kristen L. Mix for Recommendation by memorandum dated November 18, 2008. On January 30, 2009, Magistrate Judge Mix issued a Recommendation that the above-referenced motion be granted. (Doc. # 111 at 1.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). The Recommendation advised the parties that specific written objections were due within ten (10) days after being served with a copy of the Recommendation. (Recommendation at 9.) Despite this advisement, no objections to the Magistrate Judge's Recommendation were filed by either party.

"In the absence of timely objection, the district court may review a magistrate. . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Mix is sound and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). I agree that the above-referenced Motion for Summary Judgment should be granted. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Kristen L. Mix (Doc. # 111) is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Defendant's Motion for Summary Judgment (Doc. # 104) is GRANTED and this case is DISMISSED. DATED: March 18 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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