Musa v. Resto
Musa v. Resto
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Daniel D. Domenico
Civil Action No. 1:20-cv-03560-DDD-SKC
JAWAD AMIR MUSA,
Plaintiff, v.
RESTO, Dr., ALLRED, Dr., A. CHOI, S. RATTAN, STERETT, Dr., C. LINDGREN, and UNITED STATES,
Defendants.
ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Before me is the recommendation (Doc. [40]) of United States Magis- trate Judge S. Kato Crews that I grant the defendants’ motion (Doc. [33]) to dismiss this case for failure to prosecute. The recommen- dation states that any objections must be filed within fourteen days after its service on the parties. (Doc. [40] at 3 n.1 (citing
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2)).) The recommendation was served on Au- gust 15, 2022, and no party has objected to it. In the absence of a timely objection, I may review a magistrate judge’s recommendation under any standard I deem appropriate. Sum- mers v. Utah,
927 F.2d 1165, 1167(10th Cir. 1991) (citing Thomas v. Arn,
474 U.S. 140, 150, 154(1985)). In this matter, I have reviewed the recommendation to ensure 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, I have concluded that the recommendation is a correct applica- tion of the facts and the law. As Judge Crews determined, the plaintiffs failure to contact the Court formally or informally since April 12, 2021, failure to take action regarding Defendants’ motion to dismiss, and fail- ure to respond to the Order to Show Cause despite several extensions of time constitutes Plaintiff's abandonment of his case.
Accordingly, it is ORDERED that:
The Recommendation of United States Magistrate Judge (Doc. [40]) is ACCEPTED and ADOPTED; All claims asserted in this action are DISMISSED WITHOUT PREJ- UDICE for Plaintiffs failure to prosecute this action.
The Court further finds as MOOT Defendants’ Motion to Dismiss (Doc. [33].) DATED: September 8, 2022 BY THE COURT: Ws United States District Judge
Reference
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