Wilson v. Falk et al

Filing 53

ORDER Affirming 52 April 3, 2015 Recommendation of United States Magistrate Judge. Defendant Tom Norris's 45 Motion to Dismiss for Failure to State a Claim is GRANTED. The claim against Defendant Norris shall be DISMISSED WITHOUT PREJUDICE and the caption amended accordingly. By Judge Christine M. Arguello on 04/21/2015. (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,
Plaintiff,
v.
FRANCES FALK,
TOM NORRIS
SHERWIN PHILLIPS,
STEPHEN FRANK, and
JAMES FOX,
Defendants.

ORDER AFFIRMING APRIL 3, 2015 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the April 3, 2015 Recommendation by United
States Magistrate Judge Michael J. Watanabe that Defendant Tom Norris be dismissed
from this action. (Doc. # 52.) 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. # 52.) 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 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. # 52) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED that Defendant Tom Norris’s Motion to Dismiss for Failure
to State a Claim is GRANTED. It is
FURTHER ORDERED that the claim against Defendant Norris shall be
DISMISSED WITHOUT PREJUDICE and the caption amended accordingly.
DATED: April

21 , 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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