Prichard v. Metropolitan Life Insurance Company

Filing 29

ORDER Adopting and Affirming 26 Report and Recommendations, overruling Plaintiff's objection 27 , and dismissing this case, by Judge Christine M. Arguello on 3/25/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-02569-CMA-CBS
DAVID PRICHARD,
Plaintiff,
v.
METROPOLITAN LIFE INSURANCE COMPANY,
Defendant.

ORDER ADOPTING AND AFFIRMING FEBRUARY 14, 2014
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Craig B. Shaffer
pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. (Doc. # 6.) On February 14, 2014,
Judge Shaffer issued a Recommendation to grant Defendant’s Motion to Dismiss.
(Doc. # 8.) Thereafter, Plaintiff filed an objection to the Recommendation (Doc. # 27),
and Defendants filed a response (Doc. # 28).
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.

In the instant case, Plaintiff does not “properly object[]” to any part of the
Recommendation. Instead, he reiterates arguments that were properly before
Magistrate Judge Shaffer at the time his Recommendation issued. Nonetheless, the
Court has conducted a de novo review of this matter, including reviewing all relevant
pleadings, the Recommendation, and Plaintiff’s objection thereto. Based on this
de novo review, the Court concludes that Judge Shaffer’s Recommendation is correct
and is not called into question by Plaintiff’s objection.
Accordingly, it is hereby ORDERED that Plaintiff’s objection (Doc. # 27) is
OVERRULED. It is
FURTHER ORDERED that the Recommendation of United States Magistrate
Judge Craig B. Shaffer (Doc. # 26) is AFFIRMED and ADOPTED as an Order of this
Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE.
FURTHER ORDERED that this case is DISMISSED IN ITS ENTIRETY.
DATED: March

25 , 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

2