Lomax v. Trani et al
ORDER The Magistrate Judges Recommendation ECF No. 42 is ADOPTED in its entirety; Defendants Motion to Dismiss ECF No. 39 is GRANTED; and Plaintiffs Second Amended Complaint ECF No. 14 is hereby DISMISSED, by Judge William J. Martinez on 4/21/2014.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 13-cv-0707-WJM-KMT
ARTHUR JAMES LOMAX,
JAMES LANDER (FCF),
NATHAN WIGGIN (FCF),
M. SCHNELL (FCF),
IVETTE RUIZ (AVCF),
PENNY SPEARING (AVCF),
MS. PRIESTLY (AVCF),
MS. APODACA (AVCF), and
MR. MCGILL (AVCF),
ORDER ADOPTING MARCH 18, 2014 RECOMMENDATION OF MAGISTRATE
JUDGE AND GRANTING DEFENDANTS’ MOTION TO DISMISS
This matter is before the Court on the March 18, 2014 Recommendation of United
States Magistrate Judge Kathleen M. Tafoya (the “Recommendation”) (ECF No. 42) that
Defendants’ Motion to Dismiss (ECF No. 39) be granted. 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. 42, at 15-16.) 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. 42) is ADOPTED in its
Defendants’ Motion to Dismiss (ECF No. 39) is GRANTED; and
Plaintiff’s Second Amended Complaint (ECF No. 14) is hereby DISMISSED.
Dated this 21st day of April, 2014.
BY THE COURT:
William J. Martínez
United States District Judge
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