Ramos v. Milyard et al

Filing 53

ORDER AFFIRMED AND ADOPTED 51 Report and Recommendations of United States Magistrate Judge Boyd N. Boland; denying 37 Plaintiff's Motion for Immediate injunctive Relief Through Change of Venue by Judge Christine M. Arguello on 6/29/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-01970-CMA-BNB
CHARLES RAMOS, JUNIOR,
Plaintiff,
v.
WARDEN KEVIN MILYARD, CDOC,
CO NAIL, CDOC,
CO HARDY, CDOC,
CO HIGGINS, CDOC,
LIEUTENANT ZWORN, CDOC, and
DENNY OWENS, Hearings Officer, CDOC,
Defendants.

ORDER ADOPTING AND AFFIRMING JUNE 7, 2011 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on Plaintiff’s Motion for Immediate Injunctive
Relief Through Change of Venue (Doc. # 37), filed February 28, 2011. The motion
was referred to Magistrate Judge Boyd N. Boland for a Recommendation by Order of
Reference dated March 1, 2011. Magistrate Judge Boland issued a Recommendation
on June 7, 2011 that the above-referenced motion be denied. (Recommendation, Doc.
# 51, at 4.) 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 14 days after being served with a copy of the Recommendation.

(Recommendation at 5.) 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, the Court is 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). The Court agrees that the above-referenced Motion
for Immediate Injunctive Relief Through Change of Venue should be denied.
Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge Boyd N.
Boland (Doc. # 51), filed June 7, 2011, is AFFIRMED and ADOPTED.
In accordance therewith, it is
FURTHER ORDERED that Plaintiff’s Motion for Immediate injunctive Relief
Through Change of Venue (Doc. # 37), filed February 28, 2011, is DENIED.
DATED: June

29

, 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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