Allen v. Allen et al

Filing 131

ORDER AFFIRMING 127 APRIL 17, 2012 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Defendants' 96 Motion for Summary Judgment is granted and this case is hereby dismissed with prejudice. By Judge Christine M. Arguello on 5/9/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-02207-CMA-MJW
SHAWN D. ALLEN,
Plaintiff,
v.
N. ALLEN,
C. FLORY,
A. COSNER,
K. NORDELL,
A. MEDINA,
K. SOKOL, and
C. TUTTLE,
Defendants.

ORDER AFFIRMING APRIL 17, 2012 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the April 17, 2012 Recommendation by United
States Magistrate Judge Michael J. Watanabe that Defendants’ Motion for Summary
Judgment (Doc. # 96) be granted. (Doc. # 127 at 31.) 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 (14) days after being served with a copy of the Recommendation.
(Doc. # 147 at 31.) Despite this advisement, no objections to Magistrate Judge
Watanabe’s Recommendation have been 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.”).
The Court has reviewed all the relevant pleadings concerning Defendants’ Motion
for Summary Judgment and the Recommendation. Based on this review, the Court
concludes that Magistrate Judge Watanabe’s thorough and comprehensive analyses
and recommendations are correct and that “there is no clear error on the face of the
record.” Fed. R. Civ. P. 72 advisory committee’s note. Therefore, the Court ADOPTS
the Recommendation of Magistrate Judge Watanabe as the findings and conclusions of
this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 127) is AFFIRMED and ADOPTED.
It is FURTHER ORDERED that Defendants’ Motion for Summary Judgment
(Doc. # 96) be GRANTED, and this case is hereby DISMISSED WITH PREJUDICE.
DATED: May

09

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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