DeLeon v. HealthOne of Denver, Inc.
DeLeon v. HealthOne of Denver, Inc.
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 20-cv-1208-WJM-KLM CHERIANN DELEON, Plaintiff, v. HEALTHONE OF DENVER, INC. Defendants. ______________________________________________________________________ ORDER ADOPTING JANUARY 7, 2021 RECOMMENDATION OF MAGISTRATE JUDGE GRANTING DEFENDANT’S PARTIAL MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT ______________________________________________________________________ This matter is before the Court on the January 7, 2021 Recommendation of United States Magistrate Judge Kristen L. Mix (the “Recommendation”) (ECF No. 19) that Defendant’s Partial Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 11) be granted and Claim Two from Plaintiff’s Amended Employment Discrimination Complaint be dismissed without prejudice. The Recommendation is incorporated herein by reference. See
28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 19 at 8.) Despite this advisement, no objections to the Magistrate Judge’s Recommendation have to date been received. The Court concludes that the Magistrate Judge’s analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee’s note (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); see also Summers v. Utah,
927 F.2d 1165, 1167(10th Cir. 1991) (“In the absence of timely objection, the district court may review a magistrate’s report under any standard it deems appropriate.”). In accordance with the foregoing, the Court ORDERS as follows: (1) |The Magistrate Judge’s Recommendation (ECF No. 19) is ADOPTED in its entirety; (2) Defendant's Partial Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 11) is GRANTED; and (3) Claim Two of Plaintiffs Amended Employment Discrimination Complaint (ECF No. 5) is DISMISSED WITHOUT PREJUDICE.
Dated this 2™ day of February, 2021. BY T, i T:
William J. in€gz United States District Judge
Reference
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