Brown v. Lewandowski
Filing
34
ORDER Affirming 31 May 14, 2015 Supplemental Recommendation of United States Magistrate Judge: Defendant Paul Lewandowski's Motion to Dismiss (Doc. # 7 ) is DENIED. By Judge Christine M. Arguello on 06/25/2015. (athom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-02580-CMA-NYW
CHRISTOPHER H. BROWN,
Plaintiff,
v.
PAUL LEWANDOWSKI,
Defendant.
ORDER AFFIRMING MAY 14, 2015 SUPPLEMENTAL RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the May 14, 2015 Supplemental
Recommendation by United States Magistrate Judge Nina Y. Wang that Defendant Paul
Lewandowski’s Motion to Dismiss for Plaintiff’s Failure to File Required Certificate of
Review Within 60 Days of Service (“Motion to Dismiss”) (Doc. # 7) be denied. The
Supplemental Recommendation is incorporated herein by reference. See 28 U.S.C. §
636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Supplemental Recommendation advised the parties that specific written
objections, if any were to be made, were due within fourteen (14) days after being
served with a copy of the Supplemental Recommendation. (Doc. # 31 at 4.) No
objections to Magistrate Judge Wang’s Supplemental 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) (“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.”)).
The Court has reviewed all the relevant pleadings concerning Defendant’s
Motion to Dismiss and the Supplemental Recommendation. Based on this review, the
Court concludes that Magistrate Judge Wang’s thorough and comprehensive analyses
and supplemental 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 to 1983 amendment.
Therefore, the Court ADOPTS the Supplemental Recommendation of Magistrate Judge
Wang as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Supplemental Recommendation of the
United States Magistrate Judge (Doc. # 31) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED that Defendant Paul Lewandowski’s Motion to Dismiss
(Doc. # 7) is DENIED. (See Doc. # 31 at 3-4.)
DATED: June 25, 2015
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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