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finding that temporary physical limitations and work restrictions due to employee's ACL surgery and rehabilitation did not establish that she had an impairment
Summary of this case from Belcher v. Carlsbad Med. Ctr., LLCOpinion
Civil Action No. 12-cv-00274-WYD-CBS
12-20-2013
JULIA MORGAN, Plaintiff, v. GOODWILL INDUSTRIES OF DENVER, INC., Defendant.
Senior Judge Wiley Y. Daniel
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
THIS MATTER is before the Court on defendant, Goodwill Industries of Denver, Inc.'s ("Goodwill") Motion For Summary Judgment Dismissing All Of Plaintiff's Claims [ECF No. 14] and Magistrate Judge Shaffer's Recommendation [ECF No. 20]. Because the plaintiff, Julia Morgan, proceeds pro se, I referred Goodwill's Motion For Summary Judgment Dismissing All Of Plaintiff's Claims [ECF No. 14] to Magistrate Judge Shaffer on May 1, 2013. ECF No. 15. On July 19, 2013, Magistrate Judge Shaffer issued a Recommendation [ECF No. 20] stating that Goodwill's Motion For Summary Judgment Dismissing All Of Plaintiff's Claims [ECF No. 14] should be granted. The Recommendation [ECF No. 20] is incorporated herein by reference. See 28 U.S.C. § 636(b)(1), Rule 72(b) of the FEDERAL RULES of CIVIL PROCEDURE, D.C.COLO.LCivR. 72.1.
Magistrate Judge Shaffer advised the parties that objections to the Recommendation [ECF No. 20] must be filed within 14 days after service of a copy of the Recommendation [ECF No. 20]. ECF No. 20, p.18. As of Friday, December 20, 2013, no party has filed objections. Because the parties did not file objections to Magistrate Judge Shaffer's Recommendation [ECF No. 20], I am vested with discretion to review it "under any standard [I] deem[] appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also 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"). Nonetheless, though not required to do so, I review the Recommendation to "satisfy [my]self that there is no clear error on the face of the record." Advisory Committee Notes to FED. R. CIV. P. 72(b).
Note, 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).
Having reviewed the Recommendation [ECF No. 20], I am satisfied that there is no clear error on the face of the record. I find that Magistrate Judge Shaffer's Recommendation [ECF No. 20] is thorough, well-reasoned, and sound. Further, I agree that Goodwill's Motion For Summary Judgment Dismissing All Of Plaintiff's Claims [ECF No. 14] should be granted and that Goodwill is entitled to summary judgment on Morgan's claims.
CONCLUSION
After careful consideration of the matters before this Court, it is
ORDERED that Magistrate Judge Shaffer's Recommendation [ECF No. 20] is AFFIRMED and ADOPTED. As such, it is
FURTHER ORDERED that Goodwill's Motion For Summary Judgment Dismissing All Of Plaintiff's Claims [ECF No. 14] is GRANTED and Morgan's claims are DISMISSED WITH PREJUDICE.
BY THE COURT:
________________
Wiley Y. Daniel
Senior U.S. District Judge