Opinion
Civil Action 23-cv-01770-PAB-NRN
12-04-2023
RICHARD SMITH, Plaintiff, v. THE HARTFORD LIFE AND ACCIDENT COMPANY, and GROUP LONG TERM DISABILITY PLAN FOR THE EMPLOYEES OF JOHNS MANVILLE, Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
PHILIP A. BRIMMER, Chief United States District Judge
This matter is before the Court on the magistrate judge's Report and Recommendation Regarding Administrative Closure [Docket No. 27]. The recommendation states that objections to the recommendation must be filed within fourteen days after its service on the parties. Docket No. 27 at 3; see also 28 U.S.C. § 636(b)(1)(C). The recommendation was served on November 16, 2023. See Docket No. 27. 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) (“It 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.
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).
Accordingly, it is
ORDERED that the Report and Recommendation Regarding Administrative Closure [Docket No. 27] is ACCEPTED. It is further
ORDERED that this case is administratively closed pursuant to D.C.COLO.LCivR 41.2. Any party may move to reopen the case for good cause. It is further
ORDERED that the parties shall file a status report with the Court on or before June 3, 2024, or within 15 days of defendant Hartford Life and Accident Company's decision on plaintiff's disability claim, whichever is earlier.