Opinion
Civil Action No. 10-cv-02303-PAB-KLM
11-29-2011
DANIEL ONODERA, Plaintiff, v. BEVERLY DOWIS, Health Services Administrator, and JOSEPH FORTUNATO, M.D., Defendants.
Judge Philip A. Brimmer
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on October 27, 2011 [Docket No. 101]. Objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). No party has objected to the Recommendation. The Recommendation was served on plaintiff at his last known address on October 27, 2011 and was returned as undeliverable. Plaintiff has failed to inform the court of his current mailing address and therefore bears responsibility for not receiving a copy of 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 Recommendation of United States Magistrate Judge [Docket No. 101] is ACCEPTED.
2. This case is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b).
3. All other pending motions are DENIED as moot.
BY THE COURT:
PHILIP A. BRIMMER
United States District Judge