Cook v. Creany, et al
ORDER granting 20 Motion to Dismiss and adopting 29 Report and Recommendations. By Judge Raymond P. Moore on 9/24/2014.(trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Case No. 13-cv-01792-RM-MJW
DR. TIMOTHY CREANY,
SGT. ROMY GRADISIR, and
LT. JEFF HAWKINS,
ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE
This matter is before the Court on the April 10, 2014 Recommendation of United States
Magistrate Judge Michael J. Watanabe (the “Recommendation”) (ECF No. 29) that Defendants’
Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) 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. 29 at 16.)
Despite this advisement, no objections to the Judge Watanabe’s Recommendation have to date
been filed by either party.
The Court concludes that Judge Watanabe’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.”). The
Recommendation is, therefore, adopted.
In accordance with the foregoing, the Court ORDERS as follows:
The Magistrate Judge’s Recommendation (ECF No. 29) is ADOPTED in its entirety;
Defendants’ Motion to Dismiss (ECF No. 20) is GRANTED; and
The Clerk is directed to enter judgment in favor of Defendants on all claims.
DATED this 24th day of September, 2014.
BY THE COURT:
RAYMOND P. MOORE
United States District Judge
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