Mallett v. Law et al
Filing
27
ORDER Affirming 26 Report and Recommendations, and denying 20 Motion for Emergency Hearing, by Judge Christine M. Arguello on 2/3/14.(dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-02676-CMA-MJW
DAWANE ARTHUR MALLET,
Plaintiff,
v.
DAVID OWEN LAW, Correctional Officer,
A. BALSICK, Correctional Officer,
N. LEE, Correctional Officer,
G. SANDUSKY, Correctional Officer, and
RUSSELL KRIST, ADX Captain,
Defendants.
ORDER AFFIRMING JANUARY 13, 2014 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the January 13, 2014 Recommendation
by United States Magistrate Judge Michael J. Watanabe that Plaintiff’s Motion for an
Emergency Hearing (Doc. # 20) be denied. (Doc. # 26.) 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. # 26, at 5.) Despite this advisement, no objections to Magistrate Judge
Watanabe’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 Plaintiff’s Motion
for an Emergency Hearing and the Recommendation. Based on this review, the Court
concludes that Magistrate Judge Watanabe’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 Watanabe as the findings and conclusions of
this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 26) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED that Plaintiff’s Motion for Emergency Hearing (Doc. # 20)
is DENIED.
DATED: February 3, 2014
BY THE COURT:
_______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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