Bryant v. Soopers

Full title: CLINTON M. BRYANT, JR., Plaintiff, v. KING SOOPERS, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 21, 2011

Civil Action No. 11-cv-01437-CMA-BNB (D. Colo. Dec. 21, 2011)

Opinion

Civil Action No. 11-cv-01437-CMA-BNB

12-21-2011

CLINTON M. BRYANT, JR., Plaintiff, v. KING SOOPERS, Defendant.

HRISTINE M. ARGUELLO

Judge Christine M. Arguello

ORDER ADOPTING AND AFFIRMING NOVEMBER 17, 2011

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the Recommendation of Magistrate Judge Boyd N. Boland (Doc. # 25) recommending dismissal of this case with prejudice for failure to prosecute; repeated failures to comply with the Federal Rules of Civil Procedure and the local rules of practice of this court; and repeated 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 14 days after being served with a copy of the Recommendation. (Recommendation at 10.) Despite this advisement, no objections to the Magistrate Judge's Recommendation were filed by either party.

"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").

Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Boland is sound and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). Accordingly, it is hereby

ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 25), filed November 17, 2011, is AFFIRMED and ADOPTED. In accordance therewith, it is

FURTHER ORDERED that Magistrate Judge Boland's Order to Show Cause (Doc. # 17) be made absolute and that this case is DISMISSED WITH PREJUDICE.

BY THE COURT:

_______________________

CHRISTINE M. ARGUELLO

United States District Judge