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Koenig v. Thurmston

United States District Court, District of Colorado

May 5, 2015

BRYAN KOENIG, Plaintiff,
v.
TERRY E. THURMSTON, in their individual capacity, JENNENE SCOTT, in their individual capacity, and JODI GERMANO, in their individual capacity, Defendants.

ORDER

RAYMOND P. MOORE United States District Judge

This matter is before the Court on the April 10, 2015 Recommendation of United States Magistrate Judge Michael J. Watanabe (the “Recommendation”) (ECF No. 51) to dismiss Plaintiff’s Amended Complaint (ECF No. 30), grant Defendant Jodi Germano’s motion to dismiss (ECF No. 38), and grant Defendants Terry Thurmston as well as Jennene Scott’s (“City Defendants”) motion to dismiss (ECF No. 39). The Recommendation is incorporated herein by reference. 28 U.S.C § 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. 51 at 17-18.) Despite this advisement, no objections to the Recommendation have, to date, been filed by either party. (See generally Dkt.)

The Court concludes that Magistrate Judge Watanabe’s analysis was thorough and sound, and that there is no clear error on the face of the record.[1], [2] 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 [a] 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:

(1) ADOPTS Magistrate Judge Watanabe’s Recommendation (ECF No. 51) in its entirety;

(2) GRANTS Defendant Germano’s motion to dismiss (ECF No. 38);

(3) GRANTS City Defendants’ motion to dismiss (ECF No. 39); and

(4) DISMISSES WITH PREJUDICE Plaintiffs First Amended Complaint (ECF No. 30).


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