Czajkowski v. Polis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 23-cv-01654-PAB-MDB
CONRAD CZAJKOWSKI,
Plaintiff,
v.
JARED POLIS, Governor,
JOE ROYBAL, El Paso County Sheriff, and
WILLIAM BAIN, Chief Justice 4th Judicial,
Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
This matter is before the Court on the Recommendation of United States
Magistrate Judge [Docket No. 49]. The Recommendation states that objections to the
Recommendation must be filed within fourteen days after its service on the parties.
Docket No. 49 at 16-17; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was
served on February 19, 2025. 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
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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. 49] is ACCEPTED. It is further
ORDERED that Defendant Chief Judge William Bain’s Motion to Dismiss
Plaintiff’s Amended Complaint [Docket No. 31] is GRANTED. It is further
ORDERED that Defendant Joe Roybal’s Motion to Dismiss Plaintiff’s Second
Amended Complaint [Docket No. 33] is GRANTED. It is further
ORDERED that the Governor’s Motion to Dismiss [Docket No. 47] is GRANTED.
It is further
ORDERED that plaintiff’s official capacity claims are DISMISSED without
prejudice. It is further
ORDERED that plaintiff’s individual capacity claims are DISMISSED with
prejudice. It is further
ORDERED that this case is closed.
DATED March 6, 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).
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