Smith v. Cheyenne Mountain School District 12

Filing 52

ORDER that the Recommendation on Summary Judgment Motions Docket No. 51 is ACCEPTED. It is further ORDERED that Defendant Cheyenne Mountain School District 12's Amended Motion for Summary Judgment Docket No. 44 is GRANTED in part as to pl aintiff's claim that defendant denied M.S. a free appropriate public education by failing to invite a Falcon representative to the November 2012 IEP meeting where it was decided to terminate his IEP and DENIED in part without prejudice as to defendant's request for attorney fees and costs. It is further ORDERED that Plaintiff's Amended Motion for Summary Judgment Docket No. 46 is DENIED. It is further ORDERED that plaintiff's claims that defendant denied M.S. a free appropriate public education by not evaluating him for autism and other areas of suspected disability are DISMISSED without prejudice. It is further ORDERED that this case is closed, by Judge Philip A. Brimmer on 6/26/2017. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-00881-PAB-CBS
RAMONA SMITH,
Plaintiff,
v.
CHEYENNE MOUNTAIN SCHOOL DISTRICT 12,
Defendant.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation on Summary Judgment
Motions (“the Recommendation”) [Docket No. 51] filed on May 11, 2017 by United
States Magistrate Judge Craig B. Shaffer. The Recommendation states that objections
to the Recommendation must be filed within fourteen days after its service on the
parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on May 11,
2017. No party has objected to the Recommendation.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“[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”). In this matter, the Court has reviewed the

Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has
concluded that the Recommendation is a correct application of the facts and the law.
Accordingly, it is
ORDERED that the Recommendation on Summary Judgment Motions [Docket
No. 51] is ACCEPTED. It is further
ORDERED that Defendant Cheyenne Mountain School District 12’s Amended
Motion for Summary Judgment [Docket No. 44] is GRANTED in part as to plaintiff’s
claim that defendant denied M.S. a free appropriate public education by failing to invite
a Falcon representative to the November 2012 IEP meeting where it was decided to
terminate his IEP and DENIED in part without prejudice as to defendant’s request for
attorney fees and costs. It is further
ORDERED that Plaintiff’s Amended Motion for Summary Judgment [Docket No.
46] is DENIED. It is further
ORDERED that plaintiff’s claims that defendant denied M.S. a free appropriate
public education by not evaluating him for autism and other areas of suspected
disability are DISMISSED without prejudice. It is further
ORDERED that this case is closed.

1

This standard of review is something less than a “clearly erroneous or contrary
to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo
review. Fed. R. Civ. P. 72(b).
2

DATED June 26, 2017.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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