Opinion
Civil Action No. 11-cv-02050-PAB-KMT
09-08-2014
MICHAEL TIVIS, Plaintiff, v. BEVERLY DOWIS, in her individual and official capacity as Health Service Administrator for SCF, NICOLE WILSON, in her individual capacity, DR. PAULA FRANTZ, in her individual and official capacity as Chief Medical Officer for the Colorado Department of Corrections, MEGHAN REED, in her individual capacity and official capacity as ADA Inmate Coordinator for the State of Colorado, PHYSICIAN HEALTH PARTNERS, INC., d/b/a Correctional Health Partners, a Colorado corporation, and DR. STEVEN KREBS, in his individual capacity. Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the Court on the Recommendation of United States Magistrate Judge Kathleen M. Tafoya filed on August 11, 2014 [Docket No. 189]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on August 11, 2014. The Court granted plaintiff an extension until September 4, 2014 to file objections [Docket No. 194]. 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. Am, 474 U.S. 140, 150 (1985) ("[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"). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is "no clear error on the face of the record." 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
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 [Docket No. 189] is ACCEPTED.
2. The Partial Motion to Dismiss [Docket No. 155] filed by defendants Beverly Dowis, Nicole Wilson, and Meghan Reed is granted. Plaintiff's second, fifth, and sixth claims for relief are dismissed with prejudice.
3. All claims against defendants Nicole Wilson, Meghan Reed, and Paula Frantz are dismissed with prejudice.
DATED September 8, 2014.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge