Session v. Carson et al
Filing
307
ORDER by Chief Judge Philip A. Brimmer on 2/5/2021, re: 304 the Recommendation of United States Magistrate Judge Kristen L. Mix is ACCEPTED; 266 Defendant Tejinder Singh's Motion to Dismiss is DENIED. (sphil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 18-cv-00239-PAB-KLM
FRANKY L. SESSION,
Plaintiff,
v.
VANESSA CARSON, Health Service Administrator,
LINDSEY E. FISH, Medical Doctor,
TEDDY L. LAURENCE, Physician Assistant,
TEJINDER SINGH, Physician Assistant,
ROBERT L. MANGUSO, Medical Doctor,
TIMOTHY R. BROWN, Medical Doctor, and
CORRECTIONAL HEALTH PARTNERS, Insurer, and
DOE 1, Correctional 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 entered on January 15, 2021 [Docket No. 304]. The
Recommendation states that objections to the Recommendation 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 January 15, 2021. 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. The Recommendation of United States Magistrate Judge Kristen L. Mix
[Docket No. 304] is ACCEPTED; and
2. Defendant Tejinder Singh’s Motion to Dismiss [Docket No. 266] is DENIED.
DATED February 5, 2021.
BY THE COURT:
____________________________
PHILIP A. BRIMMER
Chief United States District Judge
1This
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).
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