GEF Services, LLC v. Casazza et al

Filing 46

ORDER. The Recommendation of United States Magistrate Judge Michael J. Watanabe (Doc. # 45 ), filed on June 16, 2015, is AFFIRMED and ADOPTED. The claims against Defendant Adrian Ramirez are dismissed without prejudice. By Judge Christine M. Arguello on 07/08/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-03480-CMA-MJW
GEF SERVICES, LLC,
Plaintiff,
v.
MICHAEL SEAN CASAZZA,
JIM D. BURFORD,
ADRIAN RAMIERZ,
ENERGY TRANSPORT SOLUTIONS, LLC,
PATRICK LEO RUSING, and
UNLIMITED MOBILE TIRE, LLC,
Defendants.

ORDER ADOPTING AND AFFIRMING JUNE 16, 2015 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This case was referred to Magistrate Judge Michael J. Watanabe to conduct nondispositive proceedings pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B) and Fed. R. Civ.
P. 72(a) and (b). On June 16, 2015, Magistrate Judge Watanabe issued a
Recommendation of Dismissal of Claims against Defendant Adrian Ramirez for Failure
to Serve and Failure to Prosecute. (Doc. # 45.) That 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 14 days after being served with a copy of the Recommendation. (Doc.
# 45 at 3.) Despite that 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) (“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.")).
After reviewing Magistrate Judge Watanabe’s Recommendation, this Court is
satisfied that it is sound and that there is no clear error on the face of the record. See
Fed. R. Civ. P. 72(a). This Court agrees that the claims against Defendant Adrian
Ramirez should be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) and
D.C.COLO.LCivR 41.1 for failure to serve and failure to prosecute.
Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge Michael
J. Watanabe (Doc. # 45), filed on June 16, 2015, is AFFIRMED and ADOPTED.
In accordance therewith, it is
FURTHER ORDERED that the claims against Defendant Adrian Ramirez are
dismissed without prejudice.

DATED: July 8, 2015

BY THE COURT:

CHRISTINE M. ARGUELLO
United States District Judge