Ballage v. Hope & Home

Filing 32

ORDER Accepting Magistrate Judge's Recommendation by Chief Judge Philip A. Brimmer on 09/16/2022, re: #28 The Recommendation of United States Magistrate Judge is ACCEPTED. Defendant's Partial Motion to Dismiss [Docket No. #20 ] is GRANTED in part and DENIED in part and Plaintiff's Title VII retaliation claims are DISMISSED without prejudice. (sapod, )

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Case 1:21-cv-01320-PAB-MDB Document 32 Filed 09/16/22 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. 21-cv-01320-PAB-MDB OLIVIA BALLAGE, Plaintiff, v. HOPE & HOME, Defendant. _____________________________________________________________________ ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION _____________________________________________________________________ This matter is before the Court on the Recommendation of United States Magistrate Judge filed on August 29, 2022 [Docket No. 28]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 28 at 22–23; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on August 29, 2022. 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 1:21-cv-01320-PAB-MDB Document 32 Filed 09/16/22 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 [Docket No. 28] is ACCEPTED; 2. Defendant’s Partial Motion to Dismiss [Docket No. 20] is GRANTED in part and DENIED in part; and 3. Plaintiff’s Title VII retaliation claims are DISMISSED without prejudice. DATED September 16, 2022. 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). 1 2

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