Opinion
5:23-cv-04089-TC-ADM
10-28-2024
THE MAGNOLIA HEALTH SYSTEMS EMPLOYEE GROUP BENEFIT PLAN, Plaintiff v. MAGNOLIA HEALTH SYSTEMS, INC., Defendant
ORDER
TOBY CROUSE UNITED STATES DISTRICT JUDGE
Magistrate Judge Angel D. Mitchell issued a Report and Recommendation that this action be dismissed for failure to prosecute under Fed.R.Civ.P. 41(b). Doc. 43 at 2-3. Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72, Judge Mitchell gave The Magnolia Plan fourteen days after service of her Report and Recommendation to file any written objections. None were filed.
Where, like here, a party fails to make a proper objection, a district court may review the recommendation under “any standard it deems appropriate,” even for clear error. Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citations omitted). After review, there appears to be no clear error in Judge Mitchell's reasoning or recommendation. Thus, Judge Mitchell's Report and Recommendation, Doc. 43, is accepted and adopted in its entirety. This case is dismissed.
It is so ordered.