Souders v. Corrections Corporation of America et al

Filing 20

ORDER accepting 19 Recommendation of United States Magistrate Judge. Granting 8 Defendants' Motion to Dismiss, and this case is dismissed. Plaintiff's Eighth Amendment claim is dismissed with prejudice as against all defendants. Plaintiff's state law negligence claim is dismissed without prejudice, by Judge Philip A. Brimmer on 9/15/10.(ebs, )

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Souders v. Corrections Corporation of America et al Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-02928-PAB-BNB NICHOLAS E. SOUDERS, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, JOHN FERGUSON, Owner, and HOYT BRILL, Warden, 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 August 2, 2010 [Docket No. 19]. 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 August 2, 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 Dockets.Justia.com 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. 19] is ACCEPTED. 2. Defendants' motion to dismiss [Docket No. 8] is GRANTED, and this case is dismissed. 3. Plaintiff's Eighth Amendment claim is dismissed with prejudice as against all defendants. 4. Plaintiff's state law negligence claim is dismissed without prejudice. DATED September 15, 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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