Reneau v. Cardinas et al

Filing 217

ORDER accepting 215 Recommendation to Grant Motion to Dismiss for Failure to Prosecute. Granting 212 Defendant Mary Cardinas' Motion to Dismiss, with Prejudice, for Failure to Prosecute. This case is dismissed, with prejudice, for failure to prosecute, by Chief Judge Philip A. Brimmer on 3/27/2023. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 17-cv-02595-PAB-SKC
CHESTER LEE RENEAU,
Plaintiff,
v.
MARY CARDINAS, in her individual capacity,
JUDY BRIZENDINE, in her individual capacity, and
DOCTOR LUIS CABILING, in his individual capacity,
Defendants.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation to Grant Motion to
Dismiss for Failure to Prosecute [Docket No. 215]. The Recommendation states that
objections to the Recommendation must be filed within fourteen days after its service on
the parties. Docket No. 215; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation
was served on March 7, 2023. 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) (“It
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. Recommendation to Grant Motion to Dismiss for Failure to Prosecute [Docket
No. 215] is ACCEPTED;
2. Defendant Mary Cardinas’ Motion to Dismiss, with Prejudice, for Failure to
Prosecute [Docket No. 212] is GRANTED;
3. This case is dismissed, with prejudice, for failure to prosecute; and
4. This case is closed.
DATED March 27, 2023.
BY THE COURT:

PHILIP A. BRIMMER
Chief 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).