Williams v. Vicktoroff et al

Filing 43

ORDER adopting 42 Report and Recommendation, granting 36 Motion to Dismiss. by Judge R. Brooke Jackson on 11/3/15.(jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 14-cv-02239-RBJ-MJW
LA SHUNDRA DIAN WILLIAMS,
Plaintiff,
v.
BRANDY, Nurse,
Defendant.

ORDER

This matter is before the Court on the September 28, 2015 Recommendation [ECF No.
42] of Magistrate Judge Michael J. Watanabe that the Court grant defendants’ combined motion
to dismiss and partial motion for summary judgment. [ECF No. 36]. 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. No objection was
filed by either party. “In the absence of timely objection, the district court may review a
magistrate’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) (“It 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.”)).

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Upon review of the motion, the Court finds that Judge Watanabe’s recommendation,
based on plaintiff’s failure to respond to the motion as well as Judge Watanabe’s review of the
motion, is appropriate, and that “there is no clear error on the face of the record.” Fed. R. Civ. P.
72 advisory committee’s note. As such, the Court ADOPTS the Recommendation as the
findings and conclusions of this Court. Accordingly, it is ORDERED that the Recommendation
[ECF No. 42] is ACCEPTED and ADOPTED. Defendants’ combined motion to dismiss and for
partial summary judgment ECF No. 36] is GRANTED. This case is dismissed with prejudice.
DATED this 3rd day of November, 2015.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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