Peterson v. Stommel

Filing 73

ORDER. The Court accepts and adopts the Recommendation 72 in its entirety. Defendants Combined Motion to Dismiss 68 is granted. The Amended Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorneys fees. A separate Judgment shall issue pursuant to Fed. R.Civ. P. 58(a). By Judge Zita L. Weinshienk on 12/01/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 08-cv-00668-ZLW-KMT ERIC PETERSEN, Plaintiff, v. SAMUEL DUNLAP, ELIZABETH SCHWARTZ, GARY MORGAN, MICHAEL DAVIS, CHRISTINE TYLER, and BURL McCULLAR, Defendants. ORDER OF DISMISSAL The matter before the Court is Defendants' Combined Motion to Dismiss (Doc. No. 68). Pursuant to this Court's Order (Doc. No. 21; June 6, 2008), all dispositive motions in this case are referred to Magistrate Judge Kathleen M. Tafoya.1 On October 22, 2010, Magistrate Judge Tafoya issued her Recommendation (Doc. No. 72) that the motion to dismiss be granted and that the case be dismissed with prejudice. No party filed objections to the Recommendation.

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See D.C.COLO.LCivR 72.1; 28 U.S.C. § 636(b)(1)(A).

Having reviewed the record and the Recommendation, the Court is satisfied "that there is no clear error on the face of the record."2 Accordingly, the Court accepts and adopts the Recommendation in its entirety, and it is ORDERED that Defendants' Combined Motion to Dismiss (Doc. No. 68; May 21, 2010) is granted. It is FURTHER ORDERED that the Amended Complaint and cause of action are dismissed with prejudice, the parties to pay their own costs and attorney's fees. It is FURTHER ORDERED that a separate Judgment shall issue pursuant to Fed. R. Civ. P. 58(a). DATED at Denver, Colorado, this 1st day of December, 2010. BY THE COURT:

_____________________________________ ZITA LEESON WEINSHIENK, Senior Judge United States District Court

See Fed. R. Civ. P. 72(b) advisory committee's note; Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); Thomas v. Arn, 474 U.S. 140, 150 (1985).

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