Martin v. Clements

Full title: VANCE MARTIN, Plaintiff, v. TOM CLEMENTS, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 10, 2012

Civil Action No. 10-cv-03139-RBJ-CBS (D. Colo. Jan. 10, 2012)

Opinion

Civil Action No. 10-cv-03139-RBJ-CBS

01-10-2012

VANCE MARTIN, Plaintiff, v. TOM CLEMENTS, Defendant.

R. Brooke Jackson

Honorable R. Brooke Jackson

ORDER ADOPTING AND AFFIRMING NOVEMBER 28, 2011 RECOMMENDATIONS

OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the November 28, 2011 Recommendations by Magistrate Judge Craig B. Shaffer that defendant Tom Clements' Motion to Dismiss, Doc. # 23, be granted and that all claims asserted by plaintiff against defendant Tom Clements in the Complaint be dismissed. Doc. # 1. 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 fourteen (14) days after being served with a copy of the Recommendation. Doc. # 22. Despite this advisement, no objections to Magistrate Judge Shaffer'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").

The Court has reviewed all the relevant pleadings concerning defendant Tom Clements' Motion to Dismiss and the Recommendation. Based on this review, the Court concludes that the Magistrate Judge's thorough and comprehensive analyses and recommendations are correct and that "there is no clear error on the face of the record." Fed. R. Civ. P. 72 advisory committee's note. Therefore, the Court ADOPTS the Recommendation of The United States Magistrate Judge as the findings and conclusions of this Court.

Accordingly, it is ORDERED that the Recommendation of the United States Magistrate Judge, Doc. # 36, is AFFIRMED and ADOPTED. It is further ORDERED that defendant Tom Clements' Motion to Dismiss, Doc. # 23, be GRANTED and all claims asserted by plaintiff are DISMISSED WITH PREJUDICE.

BY THE COURT:

_____________________

R. Brooke Jackson

United States District Judge