Opinion
Civil Action No. 10-cv-02811-PAB-CBS
08-22-2011
DAVID R. KOHOUT, Plaintiff, v. BANK OF AMERICA HOME LOANS; NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY NA SUCCESSOR TO COUNTRYWIDE HOME LOANS, DALLAS, TX; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and QUICKEN LOANS, INC., Defendants.
Judge Philip A. Brimmer
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the Court on the Amended Recommendation of United States Magistrate Judge Craig B. Shaffer filed on July 29, 2011 [Docket No. 18]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on July 29, 2011. 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. 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, I have reviewed the Recommendation to satisfy myself that there is "no clear error on the face of the record." See Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, I have 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 Amended Recommendation of United States Magistrate Judge [Docket No. 18] is ACCEPTED.
2. Defendants' Motion to Dismiss [Docket No. 5] is GRANTED and this case is dismissed.
BY THE COURT:
PHILIP A. BRIMMER
United States District Judge