Plummer v. McDermott et al

Filing 50

ORDER Affirming 39 September 23, 2014 Recommendations of United States Magistrate Judge: the Federal Bureau of Prisons' Motion to Reconsider Granting Plaintiff In Forma Pauperis (Doc. # 32 ) is DENIED. By Judge Christine M. Arguello on 10/20/2014.(athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 14-cv-01203-CMA-BNB RONALD PLUMMER, Plaintiff, v. LISA McDERMOTT, DAVID ALLRED, and BRAD CINK, Defendants. ORDER AFFIRMING SEPTEMBER 23, 2014 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the September 23, 2014 Recommendation by United States Magistrate Judge Michael J. Watanabe that the Federal Bureau of Prisons’ Motion to Reconsider Granting Plaintiff In Forma Pauperis (Doc. # 32) be denied. 1 (Doc. # 39.) 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. # 39.) Despite this advisement, no objections to Magistrate Judge Watanabe’s Recommendation were filed by either party. 1 Judge Watanabe’s recommendation also addresses Defendants’ Motion for Second Extension of Time. (Doc. # 37.) However, because that motion is nondispositive, this Court need not review the portion of the recommendation denying that motion. “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 Defendant’s Motion and the Recommendation. Based on this review, the Court concludes that Magistrate Judge Watanabe’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 Watanabe as the findings and conclusions of this Court. Accordingly, it is ORDERED that the Recommendation of the United States Magistrate Judge (Doc. # 39) is AFFIRMED and ADOPTED. It is FURTHER ORDERED that the Federal Bureau of Prisons’ Motion to Reconsider Granting Plaintiff In Forma Pauperis (Doc. # 32) is DENIED. DATED: October 20 , 2014 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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