Branch v. United Parcel Service

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Philip A. Brimmer

Civil Action No. 18-cv-03358-PAB-KLM

LARRY BRANCH,

Plaintiff,

v.

UNITED PARCEL SERVICE,

Defendant. _____________________________________________________________________

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION _____________________________________________________________________

This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on February 7, 2022 [Docket No. 105]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 105 at 24; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on February 7, 2022. 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 Kristen L. Mix [Docket No. 105] is ACCEPTED; 2. Defendant’s Motion for Summary Judgment and Memorandum of Law in Support Thereof [Docket No. 77] is GRANTED; and 3. This case is closed.

DATED February 25, 2022.

BY THE COURT:

_____________________________ PHILIP A. BRIMMER Chief United States District Judge

1This 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).