Stroud v. Dennis et al

Filing 27

ORDER AFFIRMED AND ADOPTED 25 Report and Recommendations of United States Magistrate Judge Boyd N. Boland. it is FURTHER ORDERED that this case is hereby DISMISSED WITHOUT PREJUDICE. by Judge Christine M. Arguello on 9/18/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-01078-CMA-BNB BRIAN M. STROUD, Plaintiff, v. DR. STEPHEN DENNIS, Arkansas Valley Medical Research Center ER, Banner Health/Said Person in Professional and Personal, CHERYL CHESTNUT, N.P., F.L.C.F., Banner Health/Said Person in Professional and Personal, DR. HOLDEN, Arkansas Valley Medical Research Center, Banner Health/Said Person in Professional and Personal, CATHY HOLTZ, N.P. F.L.C.F., Banner Health, Said Person in Professional and Personal, and DR. WERMER, Medical Doctor F.L.C.F., Banner Health/Said Person in Professional and Personal, Defendants. ORDER ADOPTING AND AFFIRMING AUGUST 25, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the Recommendation of United States Magistrate Judge (Doc. # 25). This case was referred to Magistrate Judge Boyd N. Boland to conduct all proceedings by Order of Reference (Doc. # 8), dated June 3, 2009. Magistrate Judge Boland issued a Recommendation on August 25, 2009 that the above-referenced case be dismissed without prejudice for failure to deep the Court informed of his current address and for failure to prosecute. (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 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 with Magistrate Judge Boland that the above-referenced case should be dismissed. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 25), filed August 25, 2009, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that this case is hereby DISMISSED WITHOUT PREJUDICE. DATED: September 18 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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