IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Daniel D. Domenico

Civil Action No. 1:18-cv-00577-DDD-NYW

TORY C. HAMMOND,

Plaintiff, v.

KARMEN KOGER,

Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION

Before the Court is the recommendation (Doc. 125) of United States Magistrate Judge Nina Y. Wang that the court grant Defendant Ser- geant Karmen Koger’s motion for summary judgment (Doc. 118). The recommendation states that objections to the recommendation must be filed within fourteen days after its service on the parties. (Doc. 125 at 9 n.4 (citing

(b)(1); Fed. R. Civ. P. 72(b); and In re Griego,

(10th Cir. 1995).) The recommendation was docketed August 27, 2020, and no party has objected to the recommendation. In the absence of a timely objection, the court may review a magis- trate judge’s recommendation under any standard it deems appropriate. Summers v. Utah,

(10th Cir. 1991) (citing Thomas v. Arn,

(1985)). In this matter, the court has re- viewed the recommendation to satisfy itself that there is “no clear error on the face of the record.” Fed. R. Civ. P. 72(b) Advisory Committee Notes. Based on that review, the court has concluded that the recom- mendation is a correct application of the facts and the law. Accordingly, it is ORDERED that:

The Report and Recommendation on Sgt. Koger’s motion for sum- mary judgment (Doc. 125) is ACCEPTED and ADOPTED; Set. Koger’s motion for summary judgment (Doc. 118) is GRANTED; and

Mr. Hammond’s remaining Fourteenth Amendment claim against Sgt. Koger is DISMISSED with prejudice. The Clerk shall enter judgment for Sgt. Koger, close the case, and mail a copy of this order to: Tory Hammond #184396, Fremont Correc- tional Facility (FCF), P.O. Box 999 Canon City, CO 81215-0999.

DATED: September 28, 2020 BY THE COURT:

Hon. Daniel D. Domenico

2.