Abraham v. Hertz Corp.

Full title: SOLOMON ABRAHAM, TESFAYE WORKNEH, ADDIS H. TESSEMA, MULUNEH M. TIZAZU, and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 28, 2013

Civil Action No. 12-cv-3337-WJM-MEH (D. Colo. Aug. 28, 2013)

Opinion

Civil Action No. 12-cv-3337-WJM-MEH

08-28-2013

SOLOMON ABRAHAM, TESFAYE WORKNEH, ADDIS H. TESSEMA, MULUNEH M. TIZAZU, and BIRHANU DINKU Plaintiffs, v. HERTZ CORPORATION, SIMPLY WHEELZ LLC, d/b/a ADVANTAGE RENT A CAR, ACCORD HUMAN CAPITAL, INC., d/b/a/ ACCORD STAFFING & HUMAN CAPITAL MANAGEMENT, and STRYDEN CORPORATON, Defendants.

William J. Martínez

Judge William J. Martínez

ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE AND

DISMISSING PLAINTIFFS' COMPLAINT WITHOUT PREJUDICE

This matter is before the Court on the August 2, 2103 Recommendation of United States Magistrate Judge Michael E. Hegarty (the "Recommendation") (ECF No. 28) that Plaintiffs' Complaint (ECF No. 1) be dismissed without prejudice based on Plaintiff's failure to prosecute and failure to comply with Court orders. The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 28 at 1 n.1.) Despite this advisement, no objections to the Magistrate Judge's Recommendation have to date been received.

The Court concludes that the Magistrate Judge's analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) ("In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate.").

In accordance with the foregoing, the Court ORDERS as follows: (1) The Magistrate Judge's Recommendation (ECF No. 28) is ADOPTED in its entirety; (2) Plaintiffs' Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to comply with the Court's orders; (3) The Clerk of the Court is DIRECTED to close the above-captioned matter and enter judgment in accordance with this Order.

BY THE COURT:

________________________

William J. Martínez

United States District Judge