Opinion
Civil Action No. 12-cv-00639-RBJ-BNB
02-11-2013
TELELA SHINAULT, Plaintiff, v. D.P.D. SERGEANT TONY FOSTER, and D.P.D. R. MAGOT, officer, Defendants.
Honorable R. Brooke Jackson
ORDER
This matter is before the Court on the January 15, 2013 Order and Recommendation of Magistrate Judge Boyd N. Boland [docket #28]. As relevant here, the Recommendation addresses defendants' Motion to Dismiss [#20]. 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 fourteen (14) days after being served with a copy of the Recommendation. Despite this advisement, no objection to Magistrate Judge Boland's Recommendation was 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").
The Court has reviewed the relevant pleadings concerning the Recommendation. Based on this review, the Court concludes that the Magistrate Judge's analysis and recommendations are correct, and that "there is no clear error on the face of the record." Fed. R. Civ. P. 72 advisory committee's note. Therefore, the Court ADOPTS the Recommendation of The United States Magistrate Judge as the findings and conclusions of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States Magistrate Judge [#28] is AFFIRMED and ADOPTED. Defendants' Motion to Dismiss [#20] is DENIED.
BY THE COURT:
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R. Brooke Jackson
United States District Judge