Hoover v. Bureau of Prison et al

Filing 103

ORDER. The Court ACCEPTS and ADOPTS the Report & Recommendation re: Defendants' Motion for Partial Summary Judgment (ECF No. 99 ) in its entirety; and GRANTS Defendants' Partial Motion for Summary Judgment (ECF No. 36 ) and dismisses Claim Three and the portion of Claim Six challenging Plaintiff's 2017 Restriction. By Judge Raymond P. Moore on 02/28/2020. (rvill, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 17-cv-02453-RM-SKC
LARRY HOOVER,
Plaintiff,
v.
KELLY, ADX SIS Tech.,
D. BILBREY, ADX SIS Tech.,
WARDEN FOX, ADX, and
BUREAU OF PRISONS,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the February 12, 2020 Report & Recommendation of
United States Magistrate Judge S. Kato Crews (the “Recommendation”) (ECF No. 99) to grant
Defendants’ Partial Motion for Summary Judgment (ECF No. 36). 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. 99 at 9-10.)
Despite this advisement, no objections to the Recommendation have to date been filed by any
party and the time to do so has expired. (See generally Dkt.)
The Court concludes that Magistrate Judge Crew’s analysis was thorough and sound, and
that there is no clear error on the face 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.”). The
Recommendation is, therefore, adopted as an order of this Court.
In accordance with the foregoing, the Court:
(1) ACCEPTS and ADOPTS the Report & Recommendation re: Defendants’ Motion for
Partial Summary Judgment (ECF No. 99) in its entirety; and
(2) GRANTS Defendants’ Partial Motion for Summary Judgment (ECF No. 36) and
dismisses Claim Three and the portion of Claim Six challenging Plaintiff’s 2017
Restriction.1
DATED this 28th day of February, 2020.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

1

As defined in the Report & Recommendation.
2