Wilkenson v. State of Colorado et al

Filing 41

ORDER Adopting and Affirming 37 Report and Recommendations, and denying 33 Motion for Reconsideration, by Judge Christine M. Arguello on 04/08/14.(athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-01469-CMA-KLM
DAVID E. WILKENSON,
Plaintiff,
v.
STATE OF COLORADO, et al.,
MESA COUNTY, COLORADO, et al,
Defendants.

ORDER ADOPTING AND AFFIRMING MARCH 17, 2014
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Kristen L. Mix pursuant
to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. (Doc. # 7.) On January 10, 2014, this Court
adopted in part and affirmed in part Judge Mix’s recommendation issued on December
17, 2013. (Doc. # 30.) Pursuant to that order, the Court dismissed Plaintiff’s claims.
(Id.) On January 22, 2014, Plaintiff filed a motion to reconsider the Court’s order (Doc.
# 33), which the Court referred to Judge Mix, who recommended that motion be denied
(Doc. # 37). Plaintiff filed an objection to that recommendation (Doc. # 38), to which
both Defendants responded (Doc. ## 39, 40).
When a magistrate judge issues a recommendation on a dispositive matter,
Fed. R. Civ. P. 72(b)(3) requires that the district judge “determine de novo any part of
the magistrate judge’s [recommended] disposition that has been properly objected to.”

In conducting its review, “[t]he district judge may accept, reject, or modify the
recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.” Id.
The Court has conducted a de novo review of this matter, including reviewing all
relevant pleadings, the Recommendation, Plaintiff’s objection thereto, and Defendants’
responses. Based on this de novo review, the Court concludes that Judge Mix’s
Recommendation is correct and is not called into question by Plaintiff’s objection.
Accordingly, it is hereby ORDERED that Plaintiff’s objection (Doc. # 38) is
OVERRULED. It is
FURTHER ORDERED that the Recommendation of United States Magistrate
Judge Kristen L. Mix (Doc. # 37) is AFFIRMED and ADOPTED as an Order of this
Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that Plaintiff’s Motion (Doc. # 33) is DENIED.
DATED: April

08 , 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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