Morris v. Colorado, State of et al

Filing 53

ORDER AFFIRMED and ADOPTED 36 Report and Recommendations ; denying 23 Plaintiffs Request for Judicial Notice and Petition for Immediate Intervention and Oversight By the District Court. by Judge Christine M. Arguello on 12/15/09.(erv, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00103-CMA-BNB NEAL ALLEN MORRIS, Plaintiff, v. ARISTEDES W. ZAVARAS, Executive Director of the DOC, HOYT BRILL, Warden of KCCC, MR. WILKERSON, Assistant Warden of KCCC, MR. WINDSLOW, Legal Access Facilitator of KCCC, MS. COOPER, Unit Manager of KCCC, MS. VAUGHN, Case Manager, of KCCC, MS. MAINE, Private Prison Monitor Unit Staff of KCCC, and MS. BLAKE, Grievance Officer at KCCC, Defendants. ORDER ADOPTING AND AFFIRMING OCTOBER 27, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Plaintiff's Request for Judicial Notice and Petition for Immediate Intervention and Oversight By the District Court (Doc. # 23), filed June 9, 2009. The motion was referred to Magistrate Judge Boyd N. Boland for a Recommendation by Order of Reference dated June 9, 2009. Magistrate Judge Boland issued a Recommendation on October 27, 2009 that the above-referenced motion be denied. (Recommendation at 2.) 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 2.) 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 Boland 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 request for intervention should be denied. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 36), filed October 27, 2009, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Plaintiff's Request for Judicial Notice and Petition for Immediate Intervention and Oversight By the District Court (Doc. # 23) is DENIED. DATED: December 15 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?