Opinion
Civil Action No. 11-cv-00196-WYD-CBS
10-04-2012
LOUIS E. TILLMAN, Plaintiff, v. TIMOTHY R. MURPHY; and MHC KENWORTH, Defendants.
Chief Judge Wiley Y. Daniel
ORDER AFFIRMING AND ADOPTING
MAGISTRATE JUDGE'S RECOMMENDATION
THIS MATTER is before the Court on Defendants' Motion for Summary Judgment [DE-67]. The Court referred the motion to Magistrate Judge Craig B. Shaffer for a recommendation, which he issued on September 5, 2012 [DE-46]. Magistrate Judge Shaffer recommends that the Court grant the motion for summary judgment and enter judgment in favor of Defendants. Plaintiff filed a two sentence "Notice of Objection and Appeal" in response to Magistrate Judge Shaffer's recommendation that merely indicates that Plaintiff had been denied discovery. [DE-73]. Plaintiff, however, never raised this issue with Magistrate Judge Shaffer. Rather, the first time he mentioned a denial of discovery was in his objection to the recommendation, which is too late. Marshall v. Chater, 75 F.3d 1421, 1426 (10th Cir.1996) ("Issues raised for the first time in objections to the magistrate judge's recommendation are deemed waived."). Having reviewed the matter de novo in an abundance of caution, I will affirm and adopt Magistrate Judge Shaffer's thorough recommendation. Accordingly, it is
ORDERED that the Recommendation of United States Magistrate Judge Craig B. Shaffer dated September 5, 2012 [DE-46] is AFFIRMED and ADOPTED. In accordance therewith, it is
FURTHER ORDERED that Defendants' Motion for Summary Judgment [DE-67] is GRANTED and judgment will be entered in favor of Defendants and against Plaintiff. Each party to bear his or its own costs and attorney fees. It is
FURTHER ORDERED that Plaintiff's Objection [DE-73] is OVERRULED.
BY THE COURT:
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Wiley Y. Daniel
Chief United States District Judge