Garcia v. Aronowitz & Mecklenburg, LLP

Filing 24

ORDER: The Recommendation of the United States Magistrate Judge (# 9 ) is AFFIRMED and ADOPTED. Plaintiff's Motion for a Temporary Restraining Order (# 3 ) is DENIED. By Judge R. Brooke Jackson on 04/08/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 13-cv-00241-RBJ-MJW
DENNIS GARCIA,
Plaintiff,
v.
ARONOWITZ & MECKLENBURG, LLP,
Defendant.
ORDER
This matter is before the Court on the February 7, 2013 Recommendation of Magistrate
Judge Michael J. Watanabe [docket #9]. The Recommendation addresses plaintiff’s Motion for
a Temporary Restraining Order [#3]. 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. Despite this
advisement, no objection to Magistrate Judge Watanabe’s Recommendation was 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”).

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The Court has reviewed the relevant pleadings concerning the Recommendation. Based
on this review, the Court concludes that the Magistrate Judge’s 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 The United States
Magistrate Judge as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States Magistrate
Judge [#9] is AFFIRMED and ADOPTED. Plaintiff’s Motion for a Temporary Restraining
Order [#3] is DENIED.
DATED this 8th day of April, 2013.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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