Young v. Wasko et al

Filing 22

ORDER AFFIRMED AND ADOPTED 18 Report and Recommendations.denying 13 Plaintiff's Motion for Preliminary Injunction; by Judge Christine M. Arguello on 5/29/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00241-CMA-BNB MICHAEL GENE YOUNG, Plaintiff, v. KELLY WASKO, RN #11845, and MICHAEL AASEN, MD #11975, Defendants. ORDER ADOPTING AND AFFIRMING MAY 1, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Plaintiff's Motion for an Injunction (Doc. # 13), filed April 23, 2009. The motion was referred to Magistrate Judge Boyd N. Boland for a Recommendation by Order of Reference dated April 24, 2009. Magistrate Judge Boland issued a Recommendation on May 1, 2009 that the above-referenced motion be denied. (Recommendation 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 3.) 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 motion for an injunction should be denied. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 18), filed May 1, 2009, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Plaintiff's Motion for an Injunction (Doc. # 13), filed April 23, 2009 is DENIED. DATED: May 29 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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