Toure v. United Natural Foods, Inc.

Filing 35

ORDER adopting Report and Recommendations re 34 and granting 21 Motion for Summary Judgment, by Judge Raymond P. Moore on 5/30/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil case no. 12-cv-02790-RM-KLM
MOHAMED TOURE,
Plaintiff,
v.
UNITED NATURAL FOODS,
Defendant.
______________________________________________________________________________
ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE
______________________________________________________________________________
This matter is before the Court on the August 23, 2013 Recommendation of United States
Magistrate Judge Kristen L. Mix (the “Recommendation”) (ECF No. 34) that Defendant’s Motion
for Summary Judgment (ECF No. 21) be granted. In so doing, the Recommendation, if adopted,
resolves all claims at issue in this Title VII litigation. 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. 34 at 24.)
Despite this advisement, no objections to the Recommendation have to date been filed by either
party.
The Court concludes that Judge Mix’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. 34) is ADOPTED in its entirety;

(2)

Defendant’s Motion for Summary Judgment (ECF No. 21) is GRANTED; and

(3)

The Clerk is directed to enter judgment in favor of Defendant on all claims.
DATED this 30th day of May, 2014.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
United States District Judge

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