Stuart v. Erickson Living Mgmt. & Wind Crest

Full title: H. DENISE STUART, Plaintiff, v. ERICKSON LIVING MANAGEMENT and WIND CREST…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 30, 2018

Civil Action No. 18-cv-01083-PAB-NYW (D. Colo. Nov. 30, 2018)

Opinion

Civil Action No. 18-cv-01083-PAB-NYW

11-30-2018

H. DENISE STUART, Plaintiff, v. ERICKSON LIVING MANAGEMENT and WIND CREST, 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 Nina Y. Wang filed on October 31, 2018 [Docket No. 30]. 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 October 31, 2018. 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."¹ 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

1 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. 30] is accepted.

2. Defendants' Partial Motion to Dismiss Plaintiff's Amended Complaint [Docket No. 23] is granted.

3. Plaintiff's retaliation claim is dismissed without prejudice.

4. Plaintiff shall file an amended complaint to cure the identified pleading deficiencies within twenty-one days of this order.

DATED November 30, 2018.

BY THE COURT:

s/Philip A. Brimmer

PHILIP A. BRIMMER

United States District Judge