I.G. v. Jefferson Cnty. Sch. Dist.

Full title: I.G., by and through her parent and guardian, Gabriel Grunspan, and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jun 26, 2019

Civil Action No. 18-cv-03265-PAB-KLM (D. Colo. Jun. 26, 2019)

Opinion

Civil Action No. 18-cv-03265-PAB-KLM

06-26-2019

I.G., by and through her parent and guardian, Gabriel Grunspan, and GABRIEL GRUNSPAN, for himself, Plaintiffs, v. JEFFERSON COUNTY SCHOOL DISTRICT, through the Board of Education for the Jefferson County School District, Defendant.

Chief Judge Philip A. Brimmer

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on June 5, 2019 [Docket No. 41]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 5, 2019. No party has objected to the Recommendation.

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) ("[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"). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is "no clear error on the face of the record."¹ 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

1 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 Recommendation of United States Magistrate Judge [Docket No. 41] is accepted.

2. Plaintiff's Motion to Accept First Amended Complaint and Jury Demand [Docket No. 31] is granted.

3. On or before June 28, 2019, plaintiff shall file an amended complaint which reflects the dismissal of the federal defendants. See Docket Nos. 44, 46.

DATED June 26, 2019.

BY THE COURT:

s/Philip A. Brimmer

PHILIP A. BRIMMER

Chief United States District Judge