Cordova v. Kautz et al

Filing 49

ORDER by Chief Judge Philip A. Brimmer on 8/30/2024, re: 45 Recommendation of United States Magistrate Judge is ACCEPTED. ORDERED that CDOC Defendants' Motion to Dismiss Plaintiff's Complaint [Docket No. 31 ] is GRANTED. ORDE RED that plaintiff's individual-capacity claims against defendants Trisha Kautz, Greg Carwin, Vickie Nira, and Nichole White are DISMISSED WITHOUT PREJUDICE. ORDERED that plaintiff's official-capacity claims against all defendan ts, to the extent he seeks monetary and retrospective declaratory relief, are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. ORDERED that plaintiff's official-capacity claims against all defendants, to the ex tent he seeks injunctive relief, are DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2), for failure to state a claim. ORDERED that defendants Trisha Kautz, Greg Carwin, Vickie Nira, and Nichole White are dismissed from this case.(dgumb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 23-cv-00081-PAB-KAS
CHRISTOPHER J. CORDOVA,
v.

Plaintiff,

TRISHA KAUTZ,
GREG CARWIN,
VICKIE NIRA,
JEREMY LONG, and
NICHOLE WHITE,
Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
This matter is before the Court on the Recommendation of United States
Magistrate Judge [Docket No. 45]. The Recommendation states that objections to the
Recommendation must be filed within fourteen days after its service on the parties.
Docket No. 45 at 26-27; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was
served on August 12, 2024. 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

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 that the Recommendation of United States Magistrate Judge [Docket
No. 45] is ACCEPTED. It is further
ORDERED that CDOC Defendants’ Motion to Dismiss Plaintiff’s Complaint
[Docket No. 31] is GRANTED. It is further
ORDERED that plaintiff’s individual-capacity claims against defendants Trisha
Kautz, Greg Carwin, Vickie Nira, and Nichole White are DISMISSED WITHOUT
PREJUDICE. It is further
ORDERED that plaintiff’s official-capacity claims against all defendants, to the
extent he seeks monetary and retrospective declaratory relief, are DISMISSED
WITHOUT PREJUDICE for lack of subject matter jurisdiction. It is further
ORDERED that plaintiff’s official-capacity claims against all defendants, to the
extent he seeks injunctive relief, are DISMISSED WITHOUT PREJUDICE, pursuant to
28 U.S.C. § 1915(e)(2), for failure to state a claim. It is further

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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ORDERED that defendants Trisha Kautz, Greg Carwin, Vickie Nira, and Nichole
White are dismissed from this case.
DATED August 30, 2024.
BY THE COURT:
PHILIP A. BRIMMER
Chief United States District Judge

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