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Marburger v. Estate of Newfeld

United States District Court, D. Colorado

June 30, 2015

CARL RAY MARBURGER, Plaintiff,
v.
THE ESTATE OF EDGAR ALLEN NEWFELD, Defendant.

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

PHILIP A. BRIMMER United States District Judge

This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on June 10, 2015 [Docket No. 58]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 10, 2015. No party has objected to the Recommendation.

In the absence of an objection, the district court may review a magistrate judge’s recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“[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”). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is “no clear error on the face of the record.”[1]Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is

ORDERED as follows:

1. The Recommendation of United States Magistrate Judge [Docket No. 58] is ACCEPTED.

2. Plaintiff’s Fourth Amended Complaint [Docket No. 50] is dismissed without prejudice.

3. This case is closed.


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