Dobler v. Schwartz

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Philip A. Brimmer Civil Action No. 21-cv-01509-PAB-NRN ZACHARIAH DOBLER, Plaintiff, v. CELIA SCHWARTZ, Defendant.

ORDER This matter is before the Court on the Recommendation that Plaintiff’s Motion Pursuant to Fed. R. Civ. P. 59 (Dkt. #65) and Motion for Leave to File Out of Time (Dkt. #67) be Denied [Docket No. 78] filed on June 2, 2023. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 78 at 3; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on June 2, 2023. 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 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 as follows: 1. The Recommendation of United States Magistrate Judge [Docket No. 78] is ACCEPTED; 2. Plaintiff’s Motion Pursuant to Fed. R. Civ. P. 59 [Docket No. 65] is DENIED; and 3. Plaintiff’s Motion for Leave to File Out of Time [Docket No. 67] is DENIED; DATED June 27, 2023.

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).