Wilson v. Falk et al

Filing 47

ORDER Affirming 44 February 4, 2015 Recommendation of United States Magistrate Judge. The claim against Defendant Chase shall be DISMISSED WITHOUT PREJUDICE and the caption amended accordingly. By Judge Christine M. Arguello on 03/04/2015. (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-01459-CMA-MJW TERRANCE D. WILSON, Plaintiff, v. FRANCES FALK, TOM NORRIS SHERWIN PHILLIPS, JOSHUA CHASE, STEPHEN FRANK, and JAMES FOX, Defendants. ORDER AFFIRMING FEBRUARY 4, 2015 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the February 4, 2015 Recommendation by United States Magistrate Judge Michael J. Watanabe that Defendant Joshua Chase be dismissed from this action for lack of service. (Doc. # 44.) 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. # 44.) Despite this advisement, no objections to Magistrate Judge Watanabe’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 the Recommendation and all relevant pleadings. 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. # 44) is AFFIRMED and ADOPTED. It is FURTHER ORDERED that the claim against Defendant Chase shall be DISMISSED WITHOUT PREJUDICE and the caption amended accordingly. DATED: March 4 , 2015 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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