Sayed v. Tafoya et al

Filing 54

ORDER Adopting and Affirming 38 June 9, 2014 Recommendation of United States Magistrate Judge: Plaintiff's 18 Motion to Amend/Alter Judgment of 1/30/14, Dismissing Claim One is denied. By Judge Christine M. Arguello on 08/06/2014. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 13-cv-02961-CMA-MJW HAZHAR A. SAYED, Plaintiff, v. ROBERTA BROMAN, an individual, Defendant. ORDER ADOPTING AND AFFIRMING JUNE 9, 2014 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the June 9, 2014 Recommendation by United States Magistrate Judge Michael J. Watanabe that Plaintiff’s Motion to Amend/Alter Judgment of 1/30/14, Dismissing Claim One (Doc. # 18) be denied. (Doc. # 38.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). On June 18, 2014, Plaintiff Hazhar Sayed filed an objection to the Recommendation. (Doc. # 41.) “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 Watanabe 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 Watanabe’s Recommendation is correct and is not called into question by Plaintiff’s objection. Accordingly, it is hereby ORDERED that Plaintiff’s objection (Doc. # 41) is OVERRULED. It is FURTHER ORDERED that the Recommendation of United States Magistrate Judge Michael J. Watanabe (Doc. # 38) is AFFIRMED and ADOPTED as an Order of this Court. Pursuant to the Recommendation, it is FURTHER ORDERED that Plaintiff’s Motion to Amend/Alter Judgment of 1/30/14, Dismissing Claim One (Doc. # 18) is DENIED. DATED: August 6 , 2014 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2 3

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