Opinion
Civil Action No. 19-cv-02278-CMA-KLM
12-21-2020
KENNETH LESLIE CALDWELL, Plaintiff, v. UNITED STATES of AMERICA, Defendant.
ORDER ADOPTING AND AFFIRMING NOVEMBER 23, 2020 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the Recommendation of United States Magistrate Judge filed on November 23, 2020 (Doc. # 40). The Magistrate Judge recommends that Plaintiff's Motion for a Forced Expeditious Payment (Doc. # 23); Plaintiff's Emergency Document to Compel Action of Mandamus or Application for Writ of Execution (Doc. # 24), Plaintiff's Notice and Motion (Doc. # 25), the remainder of Plaintiff's Motion to Seal Documentation and for Protection and Rights (Doc. #32), and the remainder of Plaintiff's Motions for Judgment and Motion for Stipulation (Doc. # 37) be denied. (Recommendation at 6.)
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 6-7.) 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 Mix 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 the Recommendation of United States Magistrate Judge Kristen L. Mix (Doc. # 40) filed November 23, 2020, is AFFIRMED and ADOPTED.
In accordance therewith, it is
FURTHER ORDERED that Plaintiff's Motion for a Forced Expeditious Payment (Doc. # 23) is DENIED. It is
FURTHER ORDERED that Plaintiff's Emergency Document to Compel Action of Mandamus or Application for Writ of Execution (Doc. # 24) is DENIED. It is
FURTHER ORDERED that Plaintiff's Notice and Motion (Doc. # 25) is DENIED. It is
FURTHER ORDERED that the remainder of Plaintiff's Motion to Seal Documentation and for Protection and Rights (Doc. #32) is DENIED. It is
FURTHER ORDERED that the remainder of Plaintiff's Motions for Judgment and Motion for Stipulation (Doc. # 37) is DENIED.
DATED: December 21, 2020
BY THE COURT:
/s/_________
CHRISTINE M. ARGUELLO
United States District Judge