Opinion
Civil Action No. 05-cv-640-WYD-MJW.
February 24, 2006
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court in connection with Plaintiff's Motion for Preliminary Injunction filed July 8, 2005 (docket #25), Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action) filed July 11, 2005 (docket #26), Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action) filed July 13, 2005 (docket #27), Defendant's Motion to Dismiss filed August 11, 2005 (docket #34), and Defendant's Motion to Dismiss filed August 25, 2005 (docket #44). These motion were referred to Magistrate Judge Michael J. Watanabe for a recommendation by Order of Reference dated June 24, 2005. Magistrate Judge Watanabe issued a Recommendation on February 1, 2006, noting that the case is currently stayed based on the bankruptcy filed by Plaintiff Sherron Lewis, and recommending that the above referenced motions be denied without prejudice. Recommendation at 1, 2. 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 ten (10) days after being served with a copy of the Recommendation. Id. at 2. Despite this advisement, no objections to the Magistrate Judge's Recommendation were filed by either party.
"In the absence of timely objection, the district court may review a magistrate . . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[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"). Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Watanabe is sound and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). I agree that the above referenced motions should be denyed without prejudice. Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge Watanabe dated February 1, 2006, is AFFIRMED and ADOPTED. In accordance therewith, it is
ORDERED that Plaintiff's Motion for Preliminary Injunction filed July 8, 2005 ( docket #25), Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action) filed July 11, 2005 ( docket #26), Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action) filed July 13, 2005 ( docket #27), Defendant's Motion to Dismiss filed August 11, 2005 ( docket #34), and Defendant's Motion to Dismiss filed August 25, 2005 ( docket #44), are DENIED WITHOUT PREJUDICE.