Delbridge v. Polis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 25-cv-03973-PAB-CYC
JEFFREY DELBRIDGE,
Plaintiff,
v.
JARED POLIS, Governor of Colorado
MOSES ANDRE STANCIL, Ex. Dir. of CDOC,
ALLISON TALLEY, SOTMP Admin.,
AMANDA RETTING, Head of SOTMP,
CHRIS LOBANOV-ROSTOVSKY, Head of SOMB, and
SHANE STUCKER, Warden of Fremont Correctional Facility,
Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
This matter is before the Court on the Recommendation of United States
Magistrate Judge [Docket No. 17]. The Recommendation states that objections to the
Recommendation must be filed within fourteen days after its service on the parties.
Docket No. 17 at 1 n.1; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was
served on January 6, 2026. 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. 17] is ACCEPTED. It is further
ORDERED that plaintiff’s Motion to Voluntarily Dismiss the Plaintiff’s Claim Three
for Damages Against Defendants in Their Official Capacities [Docket No. 3] is
GRANTED. It is further
ORDERED that plaintiff’s third claim against defendants, in their official
capacities, is DISMISSED.
DATED January 26, 2026.
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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