Hamilton v. Farmer Ins. Grp.

Full title: PRISCILLA P. HAMILTON, Plaintiff, v. FARMER INSURANCE GROUP, and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 21, 2015

Civil Action No. 14-cv-1211-WJM-MJW (D. Colo. Aug. 21, 2015)

Opinion

Civil Action No. 14-cv-1211-WJM-MJW

08-21-2015

PRISCILLA P. HAMILTON, Plaintiff, v. FARMER INSURANCE GROUP, and BARTHOLOMEW O. BAAH, Defendants.

Judge William J. Martínez

ORDER ADOPTING JULY 30, 2015 RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING DEFENDANT BATHOLOMEW O. BAAH'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH ORDER OF THE COURT

This matter is before the Court on the July 30, 2015 Recommendation of United States Magistrate Judge Michael J. Watanabe ("Recommendation") (ECF No. 50) that Defendant Bartholomew O. Baah's Motion to Dismiss for Failure to Prosecute and Failure to Comply with Order of the Court (ECF No. 41) be denied. 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.¹ (ECF No. 50 at 7.) Despite this advisement, no objections to the Magistrate Judge's Recommendation have to date been received.

1 The Court's internal records confirm that the Recommendation was electronically mailed to counsel for Defendant Baah, the party against whom the Recommendation runs. --------

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. 50) is ADOPTED in its entirety; and 2. Defendant Bartholomew O. Baah's Motion to Dismiss for Failure to Prosecute and Failure to Comply with Order of the Court (ECF No. 41) is DENIED.

Dated this 21^st day of August, 2015.

/s/_________

William J. Martínez

United States District Judge