Jemaneh v. University of Wyoming,The

Filing 83

ORDER Adopting April 10, 2013 Recommendation of the Magistrate Judge (ECF No. 71) and Granting in Part Defendants' Motion to Dismiss (ECF No. 49). 1. The Magistrate Judge's Recommendation (ECF No. 71 ) is ADOPTED in its entirety and made an order of this Court; and 2. The Defendants' Motion to Dismiss (ECF No. 49 ) is GRANTED IN PART as follows: a. Plaintiff's Claims 1, 2, 3, 6, 9, 10, and 11 are dismissed against Defendants the University of Wyoming, the Universi ty of Wyoming College of Health Sciences, and the University of Wyoming School of Pharmacy; b. Plaintiff's Claims 1, 2, 3, 6, 9, 10, and 11 are dismissed against all remaining Defendants but only in their official capacities; and c. Plaintiff's Claim 12 is dismissed against all Defendants. By Judge Raymond P. Moore on 05/30/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 12-cv-02383-RM-MJW
TEWODROS G. JEMANEH,
Plaintiff,
v.
THE UNIVERSITY OF WYOMING,
THE UNIVERSITY OF WYOMING COLLEGE OF HEALTH SCIENCES,
THE UNIVERSITY OF WYOMING SCHOOL OF PHARMACY,
TOM BUCHANAN, in his official and individual capacity,
NELL RUSSELL, in her official and individual capacity,
JOSEPH F. STEINER, in his official and individual capacity,
DAVID L. JONES, in his official and individual capacity,
JOHN H. VANDEL, in his official and individual capacity,
BEVERLY A. SULLIVAN, in her official and individual capacity,
JAIME R. HORNECKER,
JANELLE L. KRUEGER, in her official and individual capacity,
CARA A. HARSHBERGER, in her official and individual capacity,
AMY L. STUMP, in her official and individual capacity,
AGATHA CHRISTIE NELSON, in her official and individual capacity,
KATHLEEN A. THOMPSON, in her official and individual capacity, and
MARIA A. BENNET, in her official and individual capacity,
Defendants.

ORDER ADOPTING APRIL 10, 2013 RECOMMENDATION
OF THE MAGISTRATE JUDGE (ECF No. 71) AND
GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS (ECF No. 49)

THIS MATTER is before the Court on the April 10, 2013 Recommendation
(“Recommendation”) of United States Magistrate Judge Michael J. Watanabe (“Magistrate
Judge”) (ECF No. 71) that Defendants’ Motion to Dismiss (ECF No. 49) be granted in part. 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. 71.) No
objections to the Recommendation have to date been filed by any party.
The Court concludes that the Magistrate Judge’s analysis was thorough and sound, and
that there is no clear error of law or abuse of discretion. 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,
IT IS ORDERED that:
1.

The Magistrate Judge=s Recommendation (ECF No. 71) is ADOPTED in
its entirety and made an order of this Court; and

2.

The Defendants’ Motion to Dismiss (ECF No. 49) is GRANTED IN PART as
follows:
a. Plaintiff’s Claims 1, 2, 3, 6, 9, 10, and 11 are dismissed against Defendants
the University of Wyoming, the University of Wyoming College of Health
Sciences, and the University of Wyoming School of Pharmacy;
b. Plaintiff’s Claims 1, 2, 3, 6, 9, 10, and 11 are dismissed against all remaining
Defendants but only in their official capacities; and
c. Plaintiff’s Claim 12 is dismissed against all Defendants.

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DATED this 30th day of May, 2013.

BY THE COURT:

_______________________________
Raymond P. Moore
United States District Judge

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