Collins v. Russell et al

Filing 33

ORDER The Magistrate Judges Recommendation ECF No. 32 is ADOPTED in its entirety; The above-captioned matter is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) based on Plaintiffs failure to prosecute; and The Clerk shall close the case. Each party shall bear his or her own costs, by Judge William J. Martinez on 6/27/2014.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 13-cv-3092-WJM-CBS CANDACE L. COLLINS, Plaintiff, v. AGENT JEFFREY RUSSELL, in his individual capacity, and SGT JOEL BELL, in his individual capacity, Defendant. ______________________________________________________________________ ORDER ADOPTING JUNE 2, 2014 RECOMMENDATION OF MAGISTRATE JUDGE, DISMISSING AMENDED COMPLAINT FOR FAILURE TO PROSECUTE ______________________________________________________________________ This matter is before the Court on the June 2, 2014 Recommendation of United States Magistrate Judge Craig B. Shaffer (the “Recommendation”) (ECF No. 32) that this civil matter be dismissed for failure to prosecute. 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. 32 at 5.) Despite this advisement, no objections to the Magistrate Judge’s Recommendation have to date been received. The Court concludes that the Magistrate Judge’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.”). In accordance with the foregoing, the Court ORDERS as follows: (1) The Magistrate Judge’s Recommendation (ECF No. 32) is ADOPTED in its entirety; (2) The above-captioned matter is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) based on Plaintiff’s failure to prosecute; and (3) The Clerk shall close the case. Each party shall bear his or her own costs. Dated this 27th day of June, 2014. BY THE COURT: _________________________ William J. Martínez United States District Judge 2

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