Wood et al v. Wells Fargo Bank, N.A.
ORDER Adopting and Affirming 21 Report and Recommendations by Judge Christine M. Arguello on 10/23/13. 3 Complaint is dismissed without prejudice.(dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-01731-CMA-KMT
KENNETH D. WOOD, and
LAURIE A. WOOD,
WELLS FARGO BANK, N.A.,
ORDER ADOPTING AND AFFIRMING OCTOBER 2, 2013
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the October 2, 2013 Recommendation
by United States Magistrate Judge Kathleen M. Tafoya that Defendants’ Motion to
Dismiss and Supporting Memorandum (Doc. # 11) be granted, and that the Complaint
be dismissed. (Doc. # 21.) 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 (14) days after being served with a copy of the Recommendation.
(Doc. # 21 at 14-15.) Despite this advisement, no objections to Magistrate Judge
Tafoya’s Recommendation were filed by either party.
“In the absence of timely objection, the district court may review a magistrate
[judge’s] report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d
1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating
that “[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.”).
The Court has reviewed all the relevant pleadings concerning Defendants’
Motion to Dismiss and Supporting Memorandum and the Recommendation. Based
on this review, the Court concludes that Magistrate Judge Tafoya’s thorough and
comprehensive analyses and recommendations are correct and that “there is no
clear error on the face of the record.” Fed. R. Civ. P. 72, advisory committee’s note.
Therefore, the Court ADOPTS the Recommendation of Magistrate Judge Tafoya
as the findings and conclusions of this Court.
Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Kathleen M. Tafoya (Doc. # 21) is AFFIRMED and ADOPTED as an
order of this Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that the Complaint is DISMISSED WITHOUT
PREJUDICE. It is
FURTHER ORDERED that, if Plaintiffs wish to proceed with this case, they
must file an amended complaint by no later than November 22, 2013. Failure to file
an amended complaint by this date will result in this case being closed.
DATED: October 23, 2013
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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