Howell et al v. Watkins
ORDER AFFIRMING and ADOPTING the Recommendation of United States Magistrate Judge 20 filed on 4/19/2022. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case, with leave to reopen for good cause shown. SO ORDERED by Judge Christine M. Arguello on 5/9/2022. (sphil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 22-cv-00269-CMA-NYW
LISA HOWELL, Administratrix of the Estate of Simon Jacob Howell, and
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE AND ADMINISTRATIVELY CLOSING CASE
This matter is before the Court on the April 19, 2022 Recommendation and Order
of United States Magistrate Judge (Doc. # 20), wherein Judge Nina Y. Wang granted
Defendant’s Unopposed Motion for Stay of Proceedings (Doc. # 18) and recommends
that this case be administratively closed, subject to reopening for good cause. The
Court affirms and adopts the Recommendation for the following reasons.
“[T]he district court is accorded considerable discretion with respect to the
treatment of unchallenged magistrate reports. 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
Recommendation advised the parties that specific written objections were due within
fourteen (14) days after being served with a copy of the Recommendation. (Doc. # 20 at
8 n.1.) Neither party has filed any objection, and the time to do so has now expired.
Having reviewed the Recommendation, the relevant portions of the record, and
applicable legal authority, the Court is satisfied that the Recommendation is sound and
not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a). Accordingly, the
Court ORDERS as follows:
the April 19, 2022 Recommendation of United States Magistrate Judge (Doc.
# 20) is AFFIRMED and ADOPTED as an order of this Court;
the Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case
pending the conclusion of Mr. Watkins’s parallel criminal proceedings, with
leave to reopen for good cause shown; and
the parties are ORDERED to file a joint status report within seven (7) days of
the conclusion of Mr. Watkins’s June 6, 2022 criminal trial or any other
significant developments in the criminal trial, such as the continuance of the
DATED: May 9, 2022
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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