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, )

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

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