Gonzales v. Physician Health Partners et al

Filing 71

ORDER denying 18 Motion for Preliminary Injunction, by Judge Raymond P. Moore on 02/02/2016.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore

Civil Action No. 14-03084-RM-KLM
TIMOTHY GONZALES,
Plaintiff,
v.
PHYSICIAN HEALTH PARTNERS, et al.,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Pending before the Court is the December 11, 2015 Report and Recommendation of U.S.
Magistrate Judge Kristen L. Mix (“the R&R”) (ECF No. 63) to deny pro se plaintiff Timothy
Gonzales’ (“plaintiff”) motion for a preliminary injunction (“the motion”) (ECF No. 18).
The R&R specifically advised the parties that written objections were due within 14 days
after service of the same. (ECF No. 63 at 5.) The Magistrate Judge warned the parties that failure
to file timely objections would waive de novo review of the R&R. (Id. at 6.) Despite the Magistrate
Judge’s warning, no objections to the R&R have been filed in this case.
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” Fed.R.Civ.P. 72, Adv.
Comm. Notes, subdivision (b) (1983); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir.
1991) (“In the absence of timely objection, the district court may review a magistrate’s report under
any standard it deems appropriate.”).

In this light, after careful consideration of the law, the record, the parties’ pleadings, and the
unopposed R&R, the Court finds that the Magistrate Judge’s analysis and recommendation exhibit
no clear error and ADOPTS the same as if fully incorporated herein by reference.
As a result, the Court:
DENIES plaintiff’s motion for a preliminary injunction (ECF No. 18).

SO ORDERED.
DATED this 2nd day of February, 2016.

BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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