Harper et al v. Montezuma County Board of Commissioners et al

Filing 88

ORDER Adopting and Affirming 80 Report and Recommendations by Judge Christine M. Arguello on 10/28/13. 59 Motion to Dismiss is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-02429-CMA-KLM
MARION HARPER,
Plaintiff,
v.
ROBIN CRONK, Montezuma County Sheriff’s Dept.,
ANGELO MARTINEZ, Cortez, Colorado, Police Department,
Defendants.

ORDER ADOPTING AND AFFIRMING SEPTEMBER 20, 2013
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. # 5.) On September 20, 2013, Judge
Mix issued a Recommendation to deny as moot the Motion to Dismiss (Doc. # 59).
The Magistrate Judge’s Recommendation advised the parties that specific written
objections were due within fourteen (14) days after being served with a copy of the
Recommendation. (Id. at 5.) Despite this advisement, no objections to Magistrate
Judge Mix’s Recommendation have been filed by either party. AIn 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 A[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.
Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Kristen L. Mix (Doc. # 80) is AFFIRMED and ADOPTED as an Order
of this Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that the Motion to Dismiss (Doc. # 59) is DENIED AS
MOOT.
DATED: October

28 , 2013
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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