Opinion
Civil Action No. 05-cv-878-WYD-OES.
September 28, 2005
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court in connection with Defendants' Motion to Dismiss, filed May 31, 2005. The motion was referred to Magistrate Judge O. Edward Schlatter for a recommendation by Order of Reference dated June 1, 2005. Magistrate Judge Schlatter issued a Recommendation on July 15, 2005, that the Motion be granted and that this action be dismissed with prejudice. Recommendation at 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 ten (10) days after being served with a copy of the Recommendation. Id. at 16. 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 Schlatter comports with sound legal authority and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). I agree that this case should be dismissed. Accordingly, it is hereby
ORDERED that the Recommendation of United States Magistrate Judge O. Edward Schlatter dated July 15, 2005, is AFFIRMED and ADOPTED. In accordance therewith, it is
ORDERED that Defendant's Motion to Dismiss, filed May 31, 2005, is GRANTED, and this case is hereby DISMISSED WITH PREJUDICE.