United States District Court, D. Colorado
June 30, 2015
TOMMY WAYNE BRISTOL, Plaintiff,
EL PASO COUNTY SHERIFF DEPT., C. MOTT, Deputy, N. NUNCIO, Deputy, DORSEY, Deputy, HOLLOWAY, Deputy, HARE, Deputy, ELMANTE, Deputy, JEFFERSON, Deputy, SORY, Deputy, GOODLOW, Deputy, SIRDIS, Deputy, JOHNSON, Specialist, SEETER, Deputy, and HABERT, Sergeant, in his individual capacity, Defendants.
RAYMOND P. MOORE, District Judge.
This matter is before the Court on Magistrate Judge Kristen L. Mix's Recommendation ("Recommendation") (ECF No. 64) that the Court dismiss Plaintiff's case with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Court incorporates the Recommendation herein by reference. See 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. 64 at 6-7.) Despite this advisement, to date, no party has filed objections to the Recommendation and the time to do so has expired. ( See generally Dkt.)
The Court concludes that Magistrate Judge Mix'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 [a] timely objection, the district court may review a magistrate's report under any standard it deems appropriate."). The Court, therefore, adopts the Magistrate Judge's order in its entirety as its order.
In accordance with the foregoing, the Court:
(1) ADOPTS the Magistrate Judge's Recommendation (ECF No. 64) to dismiss with prejudice this matter in its entirety pursuant Rule 41(b) of the Federal Rules of Civil Procedure; and
(2) DENIES as MOOT Defendants' motion to dismiss (ECF No. 60).