Calvin v. SMG

Full title: CHRISTY CALVIN, Individually, Plaintiff, v. SMG, a Pennsylvania…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 29, 2014

Civil Action No. 13-cv-00067-CMA-BNB (D. Colo. Jan. 29, 2014)

Opinion

Civil Action No. 13-cv-00067-CMA-BNB

01-29-2014

CHRISTY CALVIN, Individually, Plaintiff, v. SMG, a Pennsylvania corporation, Defendant.

CHRISTINE M. ARGUELLO

Judge Christine M. Arguello

ORDER ADOPTING AND AFFIRMING JANUARY 10, 2014

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Boyd N. Boland pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. (Doc. # 4.) On January 10, 2014, Judge Boland issued a Recommendation on Defendant's Motion to Dismiss Amended Complaint and Jury Demand. (Doc. # 15.) In that Recommendation, Judge Boland recommended that the Court grant Defendant's Motion and dismiss all claims. (Doc. # 50.) On January 24, 2014, Plaintiff filed a timely objection to Judge Boland's Recommendation. (Doc. # 52.)

As required by 28 U.S.C. § 636(b), the Court has conducted a de novo review of this matter, including carefully reviewing all relevant pleadings, the Report and Recommendation, and Plaintiff's Objection to the Report and Recommendation. Based on this de novo review, the Court concludes that the Magistrate Judge's Report and Recommendation is correct and is not called into question by Plaintiff's Objection. Although normally dismissals predicated on Fed. R. Civ. P. 12(b)(6) are without prejudice, the Court has reviewed Plaintiff's response to Defendant's Motion for Summary Judgment and sees no additional facts that would entitle Plaintiff to relief. Thus, an amendment to the complaint would be futile and the Court dismisses this action with prejudice. See Grossman v. Novell, Inc., 120 F.3d 1112, 1126 (10th Cir. 1997) (A dismissal with prejudice is appropriate where a complaint fails to state a claim under Rule 12(b)(6) and granting leave to amend would be futile).

Accordingly, it is hereby ORDERED that Plaintiff's objection (Doc. # 52) is OVERRULED. It is

FURTHER ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 50) is AFFIRMED and ADOPTED as an Order of this Court. Pursuant to the Recommendation, it is

FURTHER ORDERED that Defendant's Motion to Dismiss (Doc. # 15) is GRANTED. It is

FURTHER ORDERED that the claims against Defendant are DISMISSED WITH PREJUDICE, and this case is DISMISSED in its entirety.

BY THE COURT:

___________________

CHRISTINE M. ARGUELLO

United States District Judge