Hebert v. Clements et al
ORDER The Magistrate Judges Recommendation ECF No. 51 is ADOPTED in its entirety; Plaintiffs Motion in Request of Emergency Preliminary Injunction ECF No. 45 is DENIED, by Judge William J. Martinez on 5/20/2014.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 13-cv-0259-WJM-BNB
HAL LEWIS HEBERT,
TOM CLEMENTS, Executive Director, Colorado Department of Corrections,
JAMES FALK, Warden Sterling Correctional Facility (SCF),
MICHELLE NYCZ, Major, SCF,
ROBERT KEISEL, Captain, SCF, and
CHASE FELZIEN, Lieutenant, SCF
ORDER ADOPTING APRIL 15, 2014 RECOMMENDATION OF
MAGISTRATE JUDGE AND DENYING PLAINTIFF’S MOTION
FOR EMERGENCY PRELIMINARY INJUNCTION
This matter is before the Court on the April 15, 2014 Recommendation of United
States Magistrate Judge Boyd N. Boland (the “Recommendation”) (ECF No. 51) that
Plaintiff’s Motion in Request of Emergency Preliminary Injunction (ECF No. 45) be
denied. 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. 51, at 4 n.2.) Despite this advisement, no objections to the Magistrate Judge’s
Recommendation have to date been received.
The Court concludes that the Magistrate Judge’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:
The Magistrate Judge’s Recommendation (ECF No. 51) is ADOPTED in its
Plaintiff’s Motion in Request of Emergency Preliminary Injunction (ECF No. 45) is
Dated this 20th day of May, 2014.
BY THE COURT:
William J. Martínez
United States District Judge
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