Kershaw v. No Defendants Named

Filing 85

ORDER accepting 78 Recommendation of United States Magistrate Judge. Denying 29 Defendants El Paso County Sheriff Terry Maketa and the El Paso County Criminal Justice Center's Motion to Dismiss Complaint. El Paso County shall be substituted for the El Paso County Criminal Justice Center as a defendant, and the caption shall be amended to reflect this substitution, by Judge Philip A. Brimmer on 2/16/10.(ebs, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-01203-PAB-BNB KEM KERSHAW, Plaintiff, v. TERRY MAKETA, EL PASO COUNTY CRIMINAL JUSTICE CENTER, and CORRECTION HEALTH CARE MANAGERS, Defendants. _____________________________________________________________________ ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION _____________________________________________________________________ This matter is before the Court on the Recommendation of United States Magistrate Judge Boyd N. Boland filed on January 19, 2010 [Docket No. 78]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See also 28 U.S.C. 636(b)(1)(C). The Recommendation was served on January 20, 2010. No party has objected to the Recommendation. In the absence of an objection, the district court may review a magistrate judge's recommendation under any standard it deems appropriate. Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also 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"). In this matter, I have reviewed the Recommendation to satisfy myself that there is "no clear error on the face of the record."1 See Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, I have concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is ORDERED as follows: 1. The Recommendation of United States Magistrate Judge [Docket No. 78] is ACCEPTED. 2. Defendants El Paso County Sheriff Terry Maketa and the El Paso County Criminal Justice Center's Motion to Dismiss Complaint [Docket No. 29] is denied. 3. El Paso County shall be substituted for the El Paso County Criminal Justice Center as a defendant, and the caption shall be amended to reflect this substitution. DATED February 16, 2010. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge This standard of review is something less than a "clearly erroneous or contrary to law" standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review. Fed. R. Civ. P. 72(b). 2 1

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