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Cook v. Creany

United States District Court, D. Colorado

September 24, 2014

DANNY COOK, Plaintiff,
v.
DR. TIMOTHY CREANY, SGT. ROMY GRADISIR, and LT. JEFF HAWKINS, Defendants.

ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE

RAYMOND P. MOORE, District Judge.

This matter is before the Court on the April 10, 2014 Recommendation of United States Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (6) be granted. The Recommendation is incorporated herein by reference. See 28 U.S.C. ยง 636(b)(1)(B); FED. R. CIV. P. 72(b).

The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 29 at 16.) Despite this advisement, no objections to the Judge Watanabe's Recommendation have to date been filed by either party.

The Court concludes that Judge Watanabe's analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) ("In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate."). The Recommendation is, therefore, adopted.

In accordance with the foregoing, the Court ORDERS as follows:

(1) The Magistrate Judge's Recommendation (ECF No. 29) is ADOPTED in its entirety;

(2) Defendants' Motion to Dismiss (ECF No. 20) is GRANTED; and

(3) The Clerk is directed to enter judgment in favor of Defendants on all claims.


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