Smith v. Mason et al
ORDER ADOPTING re: 24 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge William J. Martinez on 7/12/17. (pglov)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 16-cv-2889-WJM-KLM
LINDSEY MASON, and
SPRINT/UNITED MANAGEMENT COMPANY,
ORDER ADOPTING JUNE 19, 2017 RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the June 19, 2017 Recom mendation of United
States Magistrate Judge Kristen L. Mix (the “Recommendation,” ECF No. 24) that
Plaintiff Anthony Smith’s “lawsuit be dismissed with prejudice on the basis of res
judicata.” (“Recommendation,” ECF No. 24.) 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 days after being served with a copy of the Recommendation. (ECF
No. 25 at 16.) Despite this advisement, no objections to the Recommendation have to
date been received.
The Court concludes that the Magistrate Judge’s analysis was thorough and
sound, and that there is no clear error on the f ace of the record. See Fed. R. Civ. P.
72(b) advisory committee’s note (“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.”); 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 accordance with the foregoing, the Court ORDERS as follows:
The Recommendation (ECF No. 24) is ADOPTED in its entirety;
Plaintiff’s Complaint (ECF No. 5) is DISMISSED WITH PREJUDICE;
Defendant’s Motion to Dismiss (ECF No. 3) is DENIED as moot; and
The Clerk shall enter judgment and close the case. Each party shall bear their
Dated this 12th day of July, 2017.
BY THE COURT:
William J. Martínez
United States District Judge
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