Domenech v. U.S. Dept. of Justice et al

Filing 56

ORDER Adopting 51 February 11, 2019 Recommendation of United States Magistrate Judge. Plaintiff's Motion for Reconsideration (Doc. # 26 ) is GRANTED. By Judge Christine M. Arguello on 03/05/2019. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello

Civil Action No. 18-cv-01502-CMA-NYW
ALEJANDRO S. DOMENECH,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
MR. ISON, and
MR. RATTAN,
Defendants.

ORDER ADOPTING FEBRUARY 11, 2019 RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
______________________________________________________________________
This matter is before the Court on the February 11, 2019 Recommendation (Doc.
# 51) by United States Magistrate Judge Nina Y. Wang that Plaintiff’s Motion for
Reconsideration (Doc. # 26) should be granted. 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. # 51 at 6.) Despite this advisement, no objections to Magistrate Judge Wang’s
Recommendation were filed by either party. “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 the underlying claim
and the Recommendation. Based on this review, the Court concludes that Magistrate
Judge Wang’s thorough and comprehensive analyses and recommendations are
correct and that “there is no clear error on the face of the record.” Fed. R. Civ. P. 72
Advisory Committee’s Note. Therefore, the Court ADOPTS the Recommendation of
Magistrate Judge Wang as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 51) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED Plaintiff’s Motion for Reconsideration (Doc. # 26) is
GRANTED.
DATED: March 5, 2019
BY THE COURT:

_____________________________
CHRISTINE M. ARGUELLO
United States District Judge

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