Wilson v. Falk et al
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, )
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,
STEPHEN FRANK, and
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.
4 , 2015
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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