Perinn, v. City of Commerce City, State of Colorado, et al.,

Filing 15

ORDER Adopting and Affirming 13 Report and Recommendations: 11 Motion to Dismiss Party Commerce City Police Department is granted. The caption is to be amended and all subsequent filings shall reflect the removal of Commerce City Police Department. By Judge Christine M. Arguello on 10/22/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-01172-CMA-KLM
JENNIFER PERINN,
Plaintiff,
v.
CITY OF COMMERCE CITY, STATE OF COLORADO,
CHIEF PHILLIP BACA, Individually and in his official capacity
as a Commerce City Police Officer,
COMMERCE CITY POLICE DEPARTMENT, an agency, bureau, department
of the City of Commerce City, State of Colorado,
NICHOLAS CARR, Individually and in his official capacity
as a Commerce City Police Officer,
OFFICER GILMORE, Individually and in his official capacity
as a Commerce City Police Officer,
JAMES QUEISNER, Individually and in his official capacity
as a Commerce City Police Officer,
OFFICER WALKINSHAW, Individually and in his official capacity
as a Commerce City Police Officer,
KEVIN WOOD, Individually and in his official capacity
as a Commerce City Police Officer,
ERIC EWING, Individually and in his official capacity
as a Commerce City Police Officer,
BRANDON ZBOROWSKI, Individually and in his official capacity
as a Commerce City Police Officer,
ROB McCOY, Individually and in his official capacity
as a Commerce City Police Officer,
KEVIN LORD, Individually and in his official capacity
as a Commerce City Police Officer, and
JEREMY JENKINS, Individually and in his official capacity
as a Commerce City Police Officer,
Defendants.
ORDER ADOPTING AND AFFIRMING SEPTEMBER 26, 2012,
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Kristen L. Mix pursuant
to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. (Doc. # 3.) On September 26, 2012, Judge
Mix issued a Recommendation, advising that Plaintiff’s Motion to Dismiss Defendant
Commerce City Police Department (“CCPD”) (Doc. # 11) be granted and that “Plaintiff’s
claims against Defendant CCPD be dismissed from this lawsuit.” (Doc. # 13 at 2.) The
Recommendation stated that “the parties shall have fourteen (14) days after service
of this Recommendation to serve and file any written objections in order to obtain
reconsideration by the District Judge to whom this case is assigned.” (Id. at 2–3.)
It also informed the parties that “failure to serve and file specific, written objections
waives de novo review of the Recommendation by the District Judge . . . .” (Id. at 3.)
No party has filed objections.
“In the absence of timely objection, the district court may review a magistrate’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) (observing
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”)). Having reviewed the Recommendation,
the Court discerns no clear error on the face of the record and finds that Judge Mix=s
reasoning is sound.

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Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Kristen L. Mix (Doc. # 13) is AFFIRMED and ADOPTED. Pursuant
to the Recommendation, it is
FURTHER ORDERED that Plaintiff’s Motion to Dismiss Defendant Commerce
City Police Department (Doc. # 11) is GRANTED so that Plaintiff’s claims against it are
dismissed from this lawsuit. It is
FURTHER ORDERED that the caption in this matter be amended and all
subsequent filings shall reflect the removal of Commerce City Police Department as
a Defendant in this case
DATED: October

22

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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