Welsh v. Bishop et al

Filing 57

ORDER adopting 56 Report and Recommendations. All claims against defendants Kyle Merriman, Beth Torgersen, and Michelle Cooley are dismissed without prejudice, for failure to effect service in compliance with Fed. R. Civ. P. 4(m). By Judge Philip A. Brimmer on 2/13/2015.(tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-01721-PAB-CBS
JARED WELSH,
Plaintiff,
v.
NEIL BISHOP (personal capacity),
KYLE MERRIMAN (personal capacity),
BETH TORGERSEN (personal capacity), and
MICHELLE COOLEY (personal capacity),
Defendants.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge Craig B. Shaffer filed on January 26, 2015 [Docket No. 56].
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
January 26, 2015. 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. 56] is
ACCEPTED.
2. All claims against defendants Kyle Merriman, Beth Torgersen, and Michelle
Cooley are dismissed without prejudice, for failure to effect service in compliance with
Fed. R. Civ. P. 4(m).

DATED February 13, 2015.
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