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Ortiz v. Falk

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Dec 30, 2013
Civil Action No. 13-cv-00612-PAB-MJW (D. Colo. Dec. 30, 2013)

Opinion

Civil Action No. 13-cv-00612-PAB-MJW

12-30-2013

ALEXIS R. ORTIZ, Plaintiff, v. JAMES FALK, Warden, Sterling Correctional Facility, BEVERLY DOWIS, Health Services Administrator, Sterling Correctional Facility, JOANN STOCK, Physicians Assistant, Sterling Correctional Facility, JOSEPH G. FORTUNATO, Medical Doctor, Sterling Correctional Facility, LT. HOFFMAN, Housing Lieutenant, Sterling Correctional Facility, and MAURICE FAUVEL, Dr., In their individual and official capacities, 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 Michael J. Watanabe filed on December 9, 2013 [Docket No. 75]. The Recommendation states that 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). The Recommendation was served on December 9, 2013. 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. See 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, the Court has reviewed the Recommendation to satisfy itself that there is "no clear error on the face of the record." Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is

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).

ORDERED as follows:

1. The Recommendation of United States Magistrate Judge [Docket No. 75] is ACCEPTED.

2. All claims against defendant Joseph G. Fortunato are dismissed pursuant to Fed. R. Civ. P. 4(m) and D.C.COLO.LCivR 41.1.

BY THE COURT:

________________________

PHILIP A. BRIMMER

United States District Judge


Summaries of

Ortiz v. Falk

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Dec 30, 2013
Civil Action No. 13-cv-00612-PAB-MJW (D. Colo. Dec. 30, 2013)
Case details for

Ortiz v. Falk

Case Details

Full title:ALEXIS R. ORTIZ, Plaintiff, v. JAMES FALK, Warden, Sterling Correctional…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 30, 2013

Citations

Civil Action No. 13-cv-00612-PAB-MJW (D. Colo. Dec. 30, 2013)