Rizzuto v. Wyse Fin. Servs., Inc.

Full title: RON RIZZUTO, Plaintiff, v. WYSE FINANCIAL SERVICES, INC., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 9, 2013

Civil Action No. 12-cv-01203-CMA-KMT (D. Colo. Apr. 9, 2013)

Opinion

Civil Action No. 12-cv-01203-CMA-KMT

04-09-2013

RON RIZZUTO, Plaintiff, v. WYSE FINANCIAL SERVICES, INC., Defendant.

CHRISTINE M. ARGUELLO

Judge Christine M. Arguello

ORDER ADOPTING AND AFFIRMING MARCH 18, 2013

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Kathleen M. Tafoya pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72. (Doc. # 4.) On March 18, 2013, Judge Tafoya issued a Recommendation, advising the Court to dismiss the case for failure to prosecute pursuant to D.C.COLO.LCivR 41.1. (Doc. # 14 at 1-4.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

The Magistrate Judge's Recommendation advised the parties that specific written objections were due within fourteen (14) days after being served with a copy of the Recommendation. (Id. at 5.) Despite this advisement, no objections to Magistrate Judge Tafoya's Recommendation have been filed by either party. "In the absence of timely objection, the district court may review a magistrate'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) (observing 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")). Having reviewed the Recommendation, the Court discerns no clear error on the face of the record¹ and finds that Judge Tafoya's reasoning is sound.

1 The only exception is that Judge Tafoya's recommendation states that the order to show cause was issued on March 13, 2013, but the electronic docket shows that order was issued on March 7, 2013. Compare (Doc. # 14 at 2) with (Doc. # 13). However, this inures to Plaintiff's benefit and therefore does not undermine Judge Tafoya's reasoning and recommendation.

Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Kathleen M. Tafoya (Doc. # 14) is AFFIRMED and ADOPTED as an order of this Court. Pursuant to the Recommendation, it is

FURTHER ORDERED that this case is DISMISSED IN ITS ENTIRETY, WITH PREJUDICE.

BY THE COURT:

________________________

CHRISTINE M. ARGUELLO

United States District Judge