1:23-cv-01220•Nesmith v. Roundy
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Philip A. Brimmer Civil Action No. 23-cv-01220-PAB-MDB KEYON NESMITH, Plaintiff, v. ADRIANNA ROUNDY, Defendant. ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION This matter is before the Court on the Recommendation of United States Magistrate Judge [Docket No. 66]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 66 at 11-12; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on December 31, 2024. 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) (“It 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 Case No. 1:23-cv-01220-PAB-MDB Document 68 filed 02/04/25 USDC Colorado pg 1 of 2
2 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 that the Recommendation of United States Magistrate Judge [Docket No. 66] is ACCEPTED. It is further ORDERED that Defendant Roundy’s Motion for Summary Judgment for Failure to Exhaust Administrative Remedies [Docket No. 43] is GRANTED. It is further ORDERED that plaintiff’s claims are DISMISSED without prejudice. It is further ORDERED that this case is closed. DATED February 4, 2025. BY THE COURT: PHILIP A. BRIMMER Chief 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). Case No. 1:23-cv-01220-PAB-MDB Document 68 filed 02/04/25 USDC Colorado pg 2 of 2
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