Smith v. Anderson et al
ORDER follows: The Magistrate Judges August 24, 2012 Recommendation ECF No. 53 is ACCEPTED; Defendants Motion for Summary Judgment ECF No. 45 is GRANTED; and The Clerk shall enter judgment in favor of Defendants on all claims. Each party shall his own attorneys fees and costs, by Judge William J. Martinez on 9/14/2012( ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10–cv–01869–WJM–KMT
JOHN SMITH #133989,
RANDY ANDERSON, Lieutenant #2448, and
KIP STRODE, Lieutenant #1451,
ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE
JUDGE AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on the August 24, 2012 Recommendation of
United States Magistrate Judge Kathleen M. Tafoya (the “Recommendation”) (ECF No.
53) that Defendants’ Motion for Summary Judgment (ECF No. 45) be granted. 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 fourteen days after being served with a copy of the Recommendation. (ECF
No. 53, at 17.) Despite this advisement, no objections to the Magistrate Judge’s
Recommendation have to date been filed by either party.
The Court concludes that the Magistrate Judge’s analysis was thorough and
sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P.
72(b) advisory committee’s note (“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991)
(“In the absence of timely objection, the district court may review a magistrate’s report
under any standard it deems appropriate.”).
In accordance with the foregoing, the Court ORDERS as follows:
The Magistrate Judge’s August 24, 2012 Recommendation (ECF No. 53) is
Defendants’ Motion for Summary Judgment (ECF No. 45) is GRANTED; and
The Clerk shall enter judgment in favor of Defendants on all claims. Each party
shall his own attorney’s fees and costs.
Dated this 14th day of September, 2012.
BY THE COURT:
William J. Martínez
United States District Judge
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?