Opinion
Civil Action No. 12-cv-00640-CMA-BNB
12-21-2012
JOHNN A. VIDMAR, Plaintiff, v. LT. COOPER, K.C.C.F, and LT. FRANK, K.C.C.F, Defendants.
Judge Christine M. Arguello
ORDER ADOPTING AND AFFIRMING NOVEMBER 30, 2012
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge Boyd N. Boland pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72. (Doc. # 15.) On November 30, 2012, Judge Boland issued a Recommendation, advising that Defendant's Motion to Dismiss (Doc. # 17) be denied as moot and that this action be dismissed for lack of jurisdiction. (Doc. # 25.) The Recommendation stated that "the parties have 14 days after service of this recommendation to serve and file specific, written objections." (Id. at 4 n.3.) It also informed the parties that "failure to serve and file specific, written objections waives de novo review of the recommendation by the district judge." (Id.) No party has filed objections.
On December 10, 2012, the copy of Judge Boland's Recommendation that had been sent to Plaintiff was returned to the Court as undeliverable. (See Doc. # 26.) A handwritten note on the envelope reads, "no longer here" and "no forwarding." (Id.) All parties, including those proceeding pro se, have an obligation to keep the Court apprised of their current address. See D.C.COLO.LCivR 10.1M. To the extent the Court was unable to provide Plaintiff with a copy of the Recommendation, the fault lies with Plaintiff.
"In the absence of timely objection, the district court may review a magistrate'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) (observing 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")). Having reviewed the Recommendation and the filings to which it relates, the Court discerns no clear error on the face of the record and finds that Judge Boland's reasoning is sound.
Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland (Doc. # 25) is AFFIRMED and ADOPTED as an Order of this Court. Pursuant to the Recommendation, it is
FURTHER ORDERED that Defendant's Motion to Dismiss (Doc. # 17) is DENIED AS MOOT and that this action is DISMISSED in its entirety for lack of jurisdiction.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge