Stewart v. Rhodes et al

Filing 76

ORDER The Magistrate Judges Recommendation ECF No. 69 is ADOPTED in its entirety; and Plaintiffs Motion for Reconsideration ECF No. 44 is DENIED. by Judge William J. Martinez on 11/16/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-03080-WJM-CBS
MARSHAUN STEWART,
Plaintiff,
v.
BLOODWORTH,
BURTON,
WORKSON, and
HELICKERSON
Defendants.

ORDER ADOPTING OCTOBER 9, 2012 RECOMMENDATION OF MAGISTRATE
JUDGE AND DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION

This matter is before the Court on the October 9, 2012 Recommendation of
United States Magistrate Judge Craig B. Shaffer (the “Recommendation”) (ECF No. 69)
that Plaintiff’s Motion For Reconsideration (ECF No. 44) be denied. The
Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B);
Fed. R. Civ. P. 72(b).
Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b) any party may serve
and file written objections to the Magistrate Judge’s proposed findings and
recommendations with the clerk of the United States District court for the District of
Colorado within fourteen days after service of a copy of the Recommendation. No
objections to the Magistrate Judge’s Recommendation have to date been filed by either
party.
The Court concludes that there is no clear error on the face of the record. See

Fed. R. Civ. P. 72(b) advisory committee’s note (“When no timely objection is filed, the
court need only satisfy itself that there is no clear error on the face of the record in order
to accept the recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th
Cir. 1991) (“In the absence of timely objection, the district court may review a
magistrate’s report under any standard it deems appropriate.”).
In accordance with the foregoing, the Court ORDERS as follows:
(1)

The Magistrate Judge’s Recommendation (ECF No. 69) is ADOPTED in its
entirety; and

(2)

Plaintiff’s Motion for Reconsideration (ECF No. 44) is DENIED.
Dated this 16th day of November, 2012.
BY THE COURT:

_________________________
William J. Martínez
United States District Judge

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