Higby et al v. Williams et al
ORDER by Chief Judge Philip A. Brimmer on 7/19/2021, re: 62 the Recommendation of United States Magistrate Judge Kristen L. Mix is ACCEPTED; 36 Defendant Dean Williams' Motion to Dismiss is GRANTED; and Plaintiff's claims against defendant Dean Williams are DISMISSED without prejudice. (sphil, )
Case 1:20-cv-01339-PAB-KLM Document 64 Filed 07/19/21 USDC Colorado Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 20-cv-01339-PAB-KLM
JAMES H. HIGBY,
DEAN WILLIAMS, and
OFFENDER SERVICES MOVE COMMITTEE,
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 June 25, 2021 [Docket No. 62]. The
Recommendation states that objections to the Recommendation must be filed within
fourteen days after its service on the parties. Docket No. 62 at 12-13; See also 28
U.S.C. § 636(b)(1)(C). The Recommendation was served on June 25, 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
Case 1:20-cv-01339-PAB-KLM Document 64 Filed 07/19/21 USDC Colorado Page 2 of 2
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. 62] is ACCEPTED;
2. Defendant Dean Williams’ Motion to Dismiss [Docket No. 36] is GRANTED.
3. Plaintiff’s claims against defendant Dean Williams are DISMISSED without
DATED July 19, 2021.
BY THE COURT:
PHILIP A. BRIMMER
Chief United States District Judge
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).
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