Baxter v. B.O.P. et al

Filing 92

ORDER accepting the 81 Recommendation of United States Magistrate Judge Kathleen M. Tafoya. Mr. Baxter's 40 Motion for Injunction is denied, by Magistrate Judge Craig B. Shaffer on 04/20/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No. 08-cv-00620-CBS-KMT DAVID BAXTER (RICHIE A. HILL), Plaintiff, v. LT. SAMPLES (U.S.P. MARION), LT. HUGHES, LT. LOCKRIDGE, LT MANLY (ADX), S/OFFICER HUMPPRIES (ADX), and JEFF JOHNSON (ADX), Defendants. ________________________________________________________________________ ORDER ON RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE _______________________________________________________________________ This civil action comes before the court on the Recommendation of United States Magistrate Judge Kathleen M. Tafoya (filed March 11, 2009) (doc. # 81) that Mr. Baxter's "Motion for Injunction" (filed December 11, 2008) (doc. # 40) be denied. The

Recommendation states that any objections must be filed within ten days after service of the Recommendation on the parties. (See doc. # 81; see also 28 U.S.C. § 636(b)(1)(C)). The Recommendation was served on March 12, 2009. (See doc. # 81, Notice of Electronic Filing). No party has objected to the Recommendation. The court has reviewed the Recommendation, the entire case file, and the applicable law and determined that there "is no clear error on the face of the record." See Thomas v. Arn, 474 U.S. 140, 150 (1985) ("[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"). Accordingly, IT IS ORDERED that: 1. The Recommendation of United States Magistrate Judge Kathleen M. Tafoya

(filed March 11, 2009( (doc. # 81) is ACCEPTED.
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2. is DENIED.

Mr. Baxter's "Motion for Injunction" (filed December 11, 2008) (doc. # 40)

DATED at Denver, Colorado, this 20th day of April, 2009. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

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