Huong Pham v. Allstate Fire & Cas. Ins. Co.

Full title: HUONG PHAM, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, an…

Court: United States District Court, District of Colorado

Date published: Jul 12, 2022

Civil Action 22-cv-00614-PAB (D. Colo. Jul. 12, 2022)

Opinion

Civil Action 22-cv-00614-PAB

07-12-2022

HUONG PHAM, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, an Illinois corporation authorized to do business in Colorado, Defendant.

PHILIP A. BRIMMER, CHIEF UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

PHILIP A. BRIMMER, CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on the Order and Recommendation of United States Magistrate Judge [Docket No. 15]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 15 at 3-4; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 23, 2022. No party has objected to the Recommendation.¹

1 Defendant filed a response to the recommendation stating it “does not object to the Court's recommendation.” Docket No. 17 at 1.

In the absence of an objection, the district court may review a magistrate judge's recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also 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.”). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is “no clear error on the face of the record.”² Fed.R.Civ.P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is

2 This standard of review is something less than a “clearly erroneous or contrary to law” standard of review, Fed.R.Civ.P. 72(a), which in turn is less than a de novo review. Fed.R.Civ.P. 72(b).

ORDERED as follows:

1. The Order and Recommendation of United States Magistrate Judge [Docket No. 15] is ACCEPTED; 2. This case is REMANDED to the District Court for Denver County, Colorado where this case was filed as Case No. 2022CV30297. It is further 3. This case is closed.