Johson v. Reyna

Full title: JABARI J. JOHSON, Plaintiff, v. REYNA, WARGO, and KORIN, Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Mar 4, 2021

Civil Action No. 20-cv-00459-PAB-MEH (D. Colo. Mar. 4, 2021)

Opinion

Civil Action No. 20-cv-00459-PAB-MEH

03-04-2021

JABARI J. JOHSON, Plaintiff, v. REYNA, WARGO, and KORIN, Defendants.

Chief Judge Philip A. Brimmer

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

This matter is before the Court on the Recommendation of United States Magistrate Judge Michael E. Hegarty filed on January 25, 2021 [Docket No. 49]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 49 at 10; see 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on January 25, 2021. Docket No. 49. Plaintiff requested an extension of time to object to the Recommendation. Docket No. 50. The Court granted plaintiff's request and provided plaintiff until February 22, 2021. Docket No. 51. 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

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). --------

ORDERED as follows:

1. The Recommendation of United States Magistrate Judge Michael E. Hegarty [Docket No. 49] is ACCEPTED;

2. Defendant Wargo's Motion to Dismiss [Docket No. 44] is GRANTED;

3. Plaintiff's official-capacity claim for damages against defendant Wargo is DISMISSED WITHOUT PREJUDICE; and

4. Plaintiff's individual-capacity claim against defendant Wargo is DISMISSED WITH PREJUDICE.

DATED March 4, 2021.

BY THE COURT:

/s/_________

PHILIP A. BRIMMER

Chief United States District Judge