Robinson v. Oil Shale Corporation, The

Filing 98

ORDER Affirming and Adopting the 88 January 16, 2018 Recommendation of the United States Magistrate Judge. Defendant XTO Energy Inc.'s Motion to Dismiss (Doc. # 71 ) is GRANTED. By Judge Christine M. Arguello on 03/01/2018. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 17-cv-01373-CMA-GPG
SUSAN ROBINSON,
Plaintiff,
v.
THE OIL SHALE CORPORATION, and
XTO ENERGY INC.,
Defendants.
ORDER AFFIRMING AND ADOPTING THE JANUARY 16, 2018,
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
______________________________________________________________________
This matter is before the Court on the January 16, 2018, Recommendation by
United States Magistrate Judge Gordon P. Gallagher (Doc. # 88), wherein he
recommends that the Court grant Defendant XTO Energy Inc.’s Motion to Dismiss (Doc.
# 71.) 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 (14) days after being served with a copy of the Recommendation.
(Doc. # 88 at 1 n.2.) No party filed an objection to the Recommendation.
“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) (stating

that “[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”)).
The Court has reviewed all relevant pleadings concerning Defendant XTO
Energy Inc.’s Motion to Dismiss and the Recommendation. Based on this review, the
Court concludes that Magistrate Judge Gallagher’s analysis and recommendation are
correct and that “there is no clear error on the face of the record.” Fed. R. Civ. P. 72
advisory committee’s note (1983).
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 88) is AFFIRMED and ADOPTED. In accordance with the
Recommendation, this Court ORDERS that Defendant XTO Energy Inc.’s Motion to
Dismiss (Doc. # 71) is GRANTED. It is
FURTHER ORDERED that the caption on all subsequent filings shall reflect the
removal of XTO Energy Inc. as a Defendant in this case.

DATED: March 1, 2018

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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