Higby et al v. Williams et al

Filing 64

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,
Plaintiff,
v.
DEAN WILLIAMS, and
OFFENDER SERVICES MOVE COMMITTEE,
Defendants.
_____________________________________________________________________
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
prejudice.

DATED July 19, 2021.
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).