Opinion
Civil Action 21-cv-00925-PAB-NRN
01-05-2022
ANDRE D. JONES, Plaintiff, v. BILL ELDER, and CY GILLESPIE, Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
PHILIP A. BRIMMER, Chief United States District Judge.
This matter is before the Court on the Recommendation of United States Magistrate Judge N. Reid Neureiter filed on December 13, 2021 [Docket No. 32]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 32 at 16; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on December 13, 2021. 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) (“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 1 to satisfy itself that there is “no clear error on the face of the record.” 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 ORDERED as follows:
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).
1. The Recommendation of United States Magistrate Judge N. Reid Neureiter [Docket No. 32] is ACCEPTED;
2. Defendants' Motion to Dismiss Plaintiffs Amended Complaint [Docket No. 23] is GRANTED;
3. Plaintiffs Amended Complaint [Docket No. 6] is DISMISSED without prejudice; and
4. This case is closed. 2