Dowling v. Mountain States Line Constructors Joint Apprenticeship and Training Committee
Filing
11
ORDER The Magistrate Judges Recommendation ECF No. 10 is ADOPTED in its entirety; Defendants Motion to Dismiss ECF No. 7 is GRANTED; and Plaintiffs Complaint ECF No. 3 is DISMISSED WITH PREJUDICE. The Clerk shall close the case. Costs shall be taxed against the Plaintiff, by Judge William J. Martinez on 2/11/2013.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-01723-WJM-BNB
THERESA L. DOWLING,
Plaintiff,
v.
MOUNTAIN STATES LINE CONSTRUCTORS JOINT APPRENTICESHIP AND
TRAINING COMMITTEE,
Defendant.
ORDER ADOPTING JANUARY 14, 2013 RECOMMENDATION OF MAGISTRATE
JUDGE AND GRANTING DEFENDANT’S MOTION TO DISMISS
This matter is before the Court on the January 14, 2013 Recommendation of
United States Magistrate Judge Boyd N. Boland (the “Recommendation”) (ECF No. 10)
that Defendant’s Motion to Dismiss (ECF No. 7) be granted. 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. 10, at 3 n.3.) Despite this advisement, no objections to the Magistrate Judge’s
Recommendation have to date been filed by either party.
The Court concludes that the Magistrate Judge’s analysis was thorough and
sound, and 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. 10) is ADOPTED in its
entirety;
(2)
Defendant’s Motion to Dismiss (ECF No. 7) is GRANTED; and
(3)
Plaintiff’s Complaint (ECF No. 3) is DISMISSED WITH PREJUDICE. The Clerk
shall close the case. Costs shall be taxed against the Plaintiff.
Dated this 11th day of February, 2013.
BY THE COURT:
_________________________
William J. Martínez
United States District Judge
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