Rainey v. Huertas

Filing 122

ORDER Adopting and Affirming 120 Report and Recommendations: 95 Motion to Dismiss Plaintiffs Complaint is granted, and this case is dismissed, by Judge Christine M. Arguello on 2/7/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-01434-CMA-MEH
JOHN RAINEY,
Plaintiff,
v.
HECTOR T. HUERTAS,
TRAVIS TRANI,
DENNIS BURBANK, and
DR. HODGE
Defendants.

ORDER ADOPTING AND AFFIRMING JANUARY 17, 2013
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Michael E. Hegarty
pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72. (Doc. # 15.) On January
17, 2013, Judge Hegarty issued a Recommendation, advising that Defendants’
Motion to Dismiss Plaintiff’s Complaint (Doc. # 95) be granted. (Doc. # 120.)
The Recommendation stated that “all parties shall have fourteen (14) days after
service hereof to serve and file any written objections in order to obtain reconsideration
by the District Judge to whom this case is assigned.” (Id. at 1, n.1.) It also informed
the parties that “failure to file such written objections to proposed findings and
recommendations contained in this report may bar the party from a de novo

determination by the District Judge of the proposed findings and recommendations.”
(Id.) 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
and the filings to which it relates, the Court discerns no clear error on the face of the
record and finds that Judge Hegarty’s reasoning is sound.
Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Michael E. Hegarty (Doc. # 120) is AFFIRMED and ADOPTED as an
Order of this Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Complaint
(Doc. # 95) is GRANTED, and this case is hereby DISMISSED in its entirety.
DATED: February

07

, 2013
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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