Tillman v. Murphy et al.

Filing 78

ORDER Affirming and Adopting Magistrate Judge's Recommendation. ORDERED that the Recommendation of United States Magistrate Judge Craig B. Shaffer dated September 5, 2012 46 is AFFIRMED and ADOPTED. ORDERED that Defendants' Motion for Summary Judgment 67 is GRANTED and judgment will be entered in favor of Defendants and against Plaintiff. Each party to bear his or its own costs and attorney fees. ORDERED that Plaintiff's Objection 73 is OVERRULED by Chief Judge Wiley Y. Daniel on 10/04/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 11-cv-00196-WYD-CBS
LOUIS E. TILLMAN,
Plaintiff,
v.
TIMOTHY R. MURPHY; and
MHC KENWORTH,
Defendants.

ORDER AFFIRMING AND ADOPTING
MAGISTRATE JUDGE'S RECOMMENDATION

THIS MATTER is before the Court on Defendants’ Motion for Summary Judgment
[DE-67]. The Court referred the motion to Magistrate Judge Craig B. Shaffer for a
recommendation, which he issued on September 5, 2012 [DE-46].

Magistrate Judge

Shaffer recommends that the Court grant the motion for summary judgment and enter
judgment in favor of Defendants. Plaintiff filed a two sentence “Notice of Objection and
Appeal” in response to Magistrate Judge Shaffer’s recommendation that merely indicates
that Plaintiff had been denied discovery. [DE-73]. Plaintiff, however, never raised this
issue with Magistrate Judge Shaffer. Rather, the first time he mentioned a denial of
discovery was in his objection to the recommendation, which is too late. Marshall v.
Chater, 75 F.3d 1421, 1426 (10th Cir.1996) (“Issues raised for the first time in objections
to the magistrate judge's recommendation are deemed waived.”). Having reviewed the
matter de novo in an abundance of caution, I will affirm and adopt Magistrate Judge

Shaffer’s thorough recommendation. Accordingly, it is
ORDERED that the Recommendation of United States Magistrate Judge Craig B.
Shaffer dated September 5, 2012 [DE-46] is AFFIRMED and ADOPTED. In accordance
therewith, it is
FURTHER ORDERED that Defendants’ Motion for Summary Judgment [DE-67] is
GRANTED and judgment will be entered in favor of Defendants and against Plaintiff. Each
party to bear his or its own costs and attorney fees. It is
FURTHER ORDERED that Plaintiff’s Objection [DE-73] is OVERRULED.
Dated: October 4, 2012
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge

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