Owens v. Zade et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Nina Y. Wang
Civil Action No. 22-cv-00566-NYW-KAS
NATHANAEL EUGENE OWENS,
Plaintiff,
v.
MISTY ZADE, and
JOHN/JANE DOE, in their individual and official capacities,
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION
This matter is before the Court on the Order and Recommendation of United States
Magistrate Judge Kathryn A. Starnella, issued on April 3, 2024 (“Recommendation”).
[Doc. 97]. 	Judge Starnella recommends granting in part the Motion to Drop John and
Jane Doe Defendants and Move to Discovery filed by Plaintiff Nathanael Eugene Owens.
[Doc. 89]. Specifically, Judge Starnella recommends, consistent with Plaintiff’s request,
that the Court dismiss without prejudice Defendants John/Jane Doe, who have been
named in their individual and official capacities. [Doc. 97 at 1–2].
The Recommendation states that objections to the Recommendation must be filed
within fourteen days after its service on the Parties. 	[Id. at 3–4]; see also 28 U.S.C.
§ 636(b)(1)(C). 	The Recommendation was served on April 3, 2024. 	No Party has
objected to the Recommendation and the time to do so has elapsed.
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
Case No. 1:22-cv-00566-NYW-KAS Document 105 filed 04/24/24 USDC Colorado
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2
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It
does not appear that Congress intended to require district court review of a [magistrate
judge’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’s note to 1983 amendment. 	Based on this
review, the Court has concluded that the Recommendation is thorough, well-reasoned,
and a correct application of the facts and the law.
Accordingly, it is ORDERED that:
(1) 	The Order and Recommendation of United States Magistrate Judge Kathryn
A. Starnella [Doc. 97] is ADOPTED;
(2) 	The Motion to Drop John and Jane Doe Defendants and Move to Discovery
[Doc. 89] is GRANTED in part;
(3) 	Defendants John/Jane Doe are DISMISSED without prejudice; and
(4) 	The Clerk of Court shall mail a copy of this Order to:
Nathanael Eugene Owens
#176493
Fremont Correctional Facility
P.O. Box 999
Cañon City, CO 81215-0999
DATED: April 24, 2024 	BY THE COURT:
_______________________
Nina Y. Wang
United States District Judge
1 This standard of review is something less than a “clearly erroneous or contrary to law”
standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review.
Fed. R. Civ. P. 72(b).
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