Lovett v. Ruda et al
Filing
80
ORDER by Judge Philip A. Brimmer on 12/28/2018, re: 46 Plaintiff's Emergency Affidavit and Motion for TRO and Preliminary Injunction,Seeking Injunctive Relief Against Defendant's [sic] Plaintiff's Emergency Affidavit and Motion for TRO and Preliminary Injunction, Seeking Injunctive Relief Against Defendant's [sic]; 77 The Report and Recommendation of the United States Magistrate Judge is ACCEPTED. (sphil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 17-cv-02010-PAB-KLM
BRENT EDWARD LOVETT,
Plaintiff,
v.
TAMMY RUDA, individually and officially as Food Service Supervisor,
HARRISON, individually and officially as Corrections Officer,
THOMAS, individually and officially as Corrections Officer,
VERSAW, individually and officially as Corrections Officer,
MCCLENNON, individually and officially as Corrections Officer, and
PENA, individually and officially as Corrections Officer,
Defendants.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge Kristen L. Mix filed on December 5, 2018 [Docket No. 77]. The
Recommendation states that objections to the Recom mendation 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 December 5, 2018. 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 as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 77] is
accepted.
2. Plaintiff’s Emergency Affidavit and Motion for TRO and Preliminary Injunction,
Seeking Injunctive Relief Against Defendant’s [sic] [Docket No. 46] is denied.
DATED December 28, 2018.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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
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