Murray v. Holyoke School District RE-1J et al

Filing 20

ORDER Adopting and Affirming 19 Report and Recommendations: 12 Motion to Dismiss Third Claim for Relief is denied as moot by Judge Christine M. Arguello on 12/12/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-01989-CMA-KLM
SHARON MURRAY,
Plaintiff,
v.
HOLYOKE SCHOOL DISTRICT RE-1J,
HOLYOKE SCHOOL BOARD, and
HOLYOKE HIGH SCHOOL,
Defendants.

ORDER ADOPTING NOVEMBER 26, 2012 RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

This matter is before the Court on the November 26, 2012 Recommendation by
United States Magistrate Judge Kristen L. Mix that former Defendants Kris Camblin,
Linda Jelden, Daniel Kafka, Kimbra Killin, Jon King, Jeff Tharp, Bret Miles and Susan
Ortner’s (collectively, the “Individual Defendants”) Motion to Dismiss Third Claim for
Relief Pursuant to Fed. R. Civ. P. 12(b)(5) be denied as moot. (Doc. # 19.)
The Recommendation advised the parties that specific written objections were
due within fourteen (14) days after being served with a copy of the Recommendation.
(Doc. # 19 at 2.) Despite this advisement, no objections to Magistrate Judge Mix’s
Recommendation have been filed. “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.”).
Based on the Court’s review, the Court finds that “there is no clear error on the
face of the record.” Fed. R. Civ. P. 72 advisory committee’s note. Therefore, the Court
ADOPTS the Recommendation of Magistrate Judge Mix as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 19) is AFFIRMED and ADOPTED.
It is FURTHER ORDERED that the Individual Defendants’ Motion to Dismiss
Third Claim for Relief Pursuant to Fed. R. Civ. P. 12(b)(5) (Doc. # 12) be DENIED
AS MOOT.
DATED: December

12

, 2012

BY THE COURT:

__________________________
CHRISTINE M. ARGUELLO
United States District Judge

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