Ortiz v. Falk et al

Filing 106

ORDER Accepting Magistrate Judge's Recommendation. Ordered that the recommendation 96 is Accepted. Ordered that the Motion to Dismiss 91 is Granted. Ordered that all claims against defendant Maurice Fauvel are dismissed by Judge Philip A. Brimmer on 05/27/14.(jhawk, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 13-cv-00612-PAB-MJW ALEXIS R. ORTIZ, Plaintiff, v. BEVERLY DOWIS, Health Services Administrator, Sterling Correctional Facility, JOANN STOCK, Physicians Assistant, Sterling Correctional Facility, LT. HOFFMAN, Housing Lieutenant, Sterling Correctional Facility, and MAURICE FAUVEL, Dr., in their individual and official capacities, Defendants. _____________________________________________________________________ ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION _____________________________________________________________________ This matter is before the Court on the Recommendation of United States Magistrate Judge Michael J. Watanabe filed on March 18, 2014 [Docket No. 96]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on March 18, 2014. No party has objected to the Recommendation. In the absence of an objection, the district court may review a magistrate judge’s recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“[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”). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is “no clear error on the face of the record.”1 Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is ORDERED as follows: 1. The Recommendation of United States Magistrate Judge [Docket No. 96] is ACCEPTED. 2. The Motion to Dismiss [Docket No. 91] filed by defendant Maurice Fauvel is GRANTED. 3. All claims against defendant Maurice Fauvel are dismissed. DATED May 27, 2014. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 1 This standard of review is something less than a “clearly erroneous or contrary to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review. Fed. R. Civ. P. 72(b). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?