Cimino v. Long

Filing 33

ORDER Adopting and Affirming 31 August 21, 2014 Recommendation of United States Magistrate Judge: The Order to Show Cause (Doc. # 29 ) is MADE ABSOLUTE; Defendant's Motion to Dismiss (Doc. # 22 ) is DENIED WITHOUT PREJUDICE; The Complaint (Doc. # 1 ) is DISMISSED; and This case is DISMISSED IN ITS ENTIRETY. By Judge Christine M. Arguello on 09/15/2014. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-00209-CMA-KLM
MATTHEW MICHAEL CIMINO,
Plaintiff,
v.
SERGEANT LONG,
Defendant.

ORDER ADOPTING AND AFFIRMING AUGUST 21, 2014
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the August 21, 2014 Amended
Recommendation by United States Magistrate Judge Kristen L. Mix that the Order to
Show Cause (Doc. # 29) be made absolute, that the Complaint be dismissed, and
Defendant’s Motion to Dismiss (Doc. # 22) be denied without prejudice. (Doc. # 31.)
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. # 31 at 5.) Despite this advisement, no objections
to Magistrate Judge Mix’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 the
Recommendation. Based on this review, the Court concludes that Magistrate Judge
Mix’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 Mix as the findings and conclusions of this Court.
Accordingly, it is hereby ORDERED that the Recommendation of United States
Magistrate Judge Kathleen M. Tafoya (Doc. # 31) is AFFIRMED and ADOPTED as an
order of this Court. Pursuant to the Recommendation, it is ORDERED that:
1. The Order to Show Cause (Doc. # 29) is MADE ABSOLUTE;
2. Defendant’s Motion to Dismiss (Doc. # 22) is DENIED WITHOUT PREJUDICE;
3. The Complaint (Doc. # 1) is DISMISSED; and
4. This case is DISMISSED IN ITS ENTIRETY.
DATED: September 15, 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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