Perez v. Douglas County Sheriff Dept. et al

Filing 15

ORDER ADOPTED 14 Magistrate Judge Kristen L. Mixs Report and Recommendations. Plaintiffs 1 Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for violating Rule 4(m); and The Clerk shall enter judgment in favor of Defendants, by Judge William J. Martinez on 3/16/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-2975-WJM-KLM
GONZALO PEREZ, and
JULIO ARREGUIN,
Plaintiffs,
v.
DOUGLAS COUNTY SHERIFF DEPT.,
GRAND COUNTY SHERIFF DEPT.,
WINTER PARK - FRASER POLICE DEPT.,
DENVER COUNTY SHERIFF DEPT.,
CITY OF DENVER POLICE DEPT.,
ADAMS COUNTY SHERIFF DEPT., and
AURORA POLICE DEPARTMENT,
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION AND
DISMISSING CASE WITHOUT PREJUDICE

This matter is before the Court on the February 22, 2012 Recommendation by
United States Magistrate Judge Kristen L. Mix that Plaintiff’s Complaint be dismissed
without prejudice for violating Federal Rules of Civil Procedure 4(m) and 41(b). (ECF
No. 14.) 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. 14 at 3-4.) Despite this advisement, Plaintiffs did not object to the
Recommendation. “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 concludes that the Magistrate Judge’s Recommendation is correct
and that “there is no clear error on the face of the record.” See Fed. R. Civ. P. 72(b)
advisory committee’s note.
Accordingly, the Court ORDERS as follows:
1.

Magistrate Judge Kristen L. Mix’s February 22, 2012 Recommendation is
ADOPTED;

2.

Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal
Rule of Civil Procedure 41(b) for violating Rule 4(m); and

3.

The Clerk shall enter judgment in favor of Defendants.
Dated this 16th day of March, 2012.

BY THE COURT:

William J. Martínez
United States District Judge

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