Hall v. Brown

Full title: JESUS O. HALL, Plaintiff, v. BROWN, RN, in her individual capacity…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 8, 2015

Civil Action No. 14-cv-2380-CMA-KLM (D. Colo. Sep. 8, 2015)

Opinion

Civil Action No. 14-cv-2380-CMA-KLM

09-08-2015

JESUS O. HALL, Plaintiff, v. BROWN, RN, in her individual capacity, ALLRED, DR, in his individual capacity, McDERMOTT, HA, in her individual capacity, and HAVER, Off, in his individual capacity, Defendants.

Judge Christine M. Arguello

ORDER AFFIRMING AND ADOPTING THE AUGUST 17, 2015 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON DEFENDANTS' MOTION TO DISMISS

This matter is before the Court on the August 17, 2015 Recommendation of United States Magistrate Judge Kristen L. Mix that Defendants' Motion to Dismiss (Doc. # 38) be granted. (Doc. # 45.) That Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

Magistrate Judge Mix's Recommendation advised the parties that specific written objections, if any were to be made, were due within fourteen (14) days after being served with a copy of the Recommendation. (Doc. # 45 at 25-26.) None of the parties filed objections to Magistrate Judge Mix's Recommendation. "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) ("It 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.")).

The Court has reviewed all of the relevant documents concerning Defendants' Motion to Dismiss and Magistrate Judge Mix's Recommendation. Based on this review, the Court concludes that Magistrate Judge Mix's thorough and comprehensive analysis and recommendation are correct and that "there is no clear error on the face of the record." Fed. R. Civ. P. 72 advisory committee's note to 1983 amendment. Therefore, the Court AFFIRMS and ADOPTS the Recommendation of Magistrate Judge Mix as the findings and conclusions of this Court.

Accordingly, it is ORDERED that the Recommendation of the United States Magistrate Judge (Doc. # 45) is AFFIRMED and ADOPTED. It is

FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. # 38) is GRANTED. It is

FURTHER ORDERED that Plaintiff's Second Amended Complaint (Doc. # 35) is DISMISSED WITH PREJUDICE. DATED: September 8, 2015

BY THE COURT:

/s/_________

CHRISTINE M. ARGUELLO

United States District Judge