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, )
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
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