Sandlin v. Garcia et al

Filing 28

ORDER AFFIRMED AND ADOPTED 27 Report and Recommendations of United States Magistrate Judge Kristen L. Mix. granting 21 Defendants Motion to Dismiss and this action is hereby DISMISSED in its entirety. by Judge Christine M. Arguello on 4/6/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 10-cv-02560-CMA-KLM TRAVIS E. SANDLIN, Plaintiff, v. PAUL GARCIA, MARC BOLT, JASON ZWIRN, KEVIN MILYARD, and CAROL SOARES, Defendants.

ORDER ADOPTING AND AFFIRMING MARCH 10, 2011 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on Defendants' Motion to Dismiss (Doc. # 21), filed February 11, 2011. The motion was referred to Magistrate Judge Kristen L. Mix for a Recommendation by Order of Reference dated February 15, 2011. Magistrate Judge Mix issued a Recommendation on March 10, 2011, that the above-referenced motion be granted. (Recommendation at 1.) 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 14.) 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, I am satisfied that the Recommendation of Magistrate Judge Mix is sound and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(a). I agree that the above-referenced motion to dismiss should be granted. Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Kristen L. Mix (Doc. # 27), filed March 10, 2011, is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that: 1. Plaintiff's 14th Amendment claim against Defendants is DISMISSED

WITHOUT PREJUDICE to the extent the claim is against Defendants in their official capacities; 2. Plaintiff's 14th Amendment claim against Defendants is DISMISSED WITH

PREJUDICE to the extent the claim is against Defendants in their individual capacities; and 3. Defendants' Motion to Dismiss (Doc. # 21) is GRANTED, and this action is

hereby DISMISSED in its entirety. DATED: April 06 , 2011 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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