Christenson v. Citimortgage, Inc.

Filing 66

ORDER Adopting and Affirming 65 February 20, 2015 Recommendation of United States Magistrate Judge: Defendant's Motion to Dismiss Count VI in Plaintiff's Third Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. # 54 ) is DENIED. By Judge Christine M. Arguello on 04/14/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-02600-CMA-KLM
EUGENE CHRISTENSON, and
SHARON CHRISTENSON,
Plaintiffs,
v.
CITIMORTGAGE, INC.,
Defendant.

ORDER ADOPTING AND AFFIRMING FEBRUARY 20, 2015 RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the February 20, 2015 Recommendation
by United States Magistrate Judge Kristen L. Mix that Defendant’s Motion to Dismiss
Count VI in Plaintiff’s Third Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. # 54)
be denied. (Doc. # 65.) 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 (14) days after being
served with a copy of the Recommendation. (Doc. # 65 at 26-27.) Despite this
advisement, no objections to Magistrate Judge Mix’s Recommendation were filed by
either party.
“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.”).
The Court has reviewed all the relevant pleadings concerning the
Recommendation. Based on this review, the Court concludes that Magistrate Judge
Mix’s thorough and comprehensive analyses and recommendations are correct and 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 hereby ORDERED that the Recommendation of United States
Magistrate Judge Mix (Doc. # 65) is AFFIRMED and ADOPTED as an order of this
Court. Pursuant to the Recommendation, it is ORDERED that Defendant’s Motion to
Dismiss Count VI in Plaintiff’s Third Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)
(Doc. # 54) is DENIED.
DATED: April 14, 2015
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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