Egbune v. Baum

Opinion

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

Civil Action No. 23-cv-02830-PAB-SBP

CHUCK O. EGBUNE,

Plaintiff, v.

ANDREW BAUM, DOUGLAS COUNTY PUBLIC TRUSTEE, ALWAYS ENTERPRISES, INC., d.b.a. A-1 BAIL BONDS, BRECKENRIDGE PROPERTY FUND 2016, LLC, and LARRY HENNING,

Defendants.

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

This matter is before the Court on the Recommendation of United States Magistrate Judge [Docket No. 64]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 64 at 14 n.3; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation is dated January 22, 2025 and was served on January 23, 2025. Docket No. 64. 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 that the Recommendation of United States Magistrate Judge [Docket

No. 64] is ACCEPTED. It is further ORDERED that all claims against defendants Douglas County Public Trustee and Breckenridge Property Fund 2016, LLC are DISMISSED without prejudice pursuant to Rule 41(b). It is further ORDERED that all claims against the Unserved Defendants – Andrew Baum, Always Enterprises, Inc., and Larry Henning – are DISMISSED without prejudice pursuant to Rule 4(m) and Rule 41(b). It is further ORDERED that Douglas County Public Trustee’s Motion to Dismiss and Disclaimer of Interest [Docket No. 30] is DENIED as moot. It is further

ORDERED that Defendant Breckenridge Property Fund 2016, LLC’s Motion to Dismiss the First Amended Complaint Filed April 30, 2024 (Doc 28) [Docket No. 39] is DENIED as moot. It is further

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). 2 ORDERED that this case is closed.

DATED February 7, 2025. BY THE COURT: s/ Philip A. Brimmer PHILIP A. BRIMMER Chief United States District Judge