HomeMy WebLinkAbout2021-cv-2306-RM-KLM - Perry v. State of Colorado, et al - 076 - Order re Mag Recommendation to Dismiss CSUIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 21-cv-02306-RM-KLM
ROBERT-LAWRENCE PERRY,
Plaintiff,
v.
STATE OF COLORADO,
CITY OF FORT COLLINS,
CSU BOARD OF GOVERNORS,
COLORADO STATE UNIVERSITY,
STEVEN VASCONCELLOS, Judicial Administrator, and,
DOE AGENTS,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Before the Court is the Recommendation of United States Magistrate Judge Kristen L.
Mix (ECF No. 73) to dismiss Defendants State of Colorado and Colorado State University from
this lawsuit. The Recommendation advised that specific written objections were due within
fourteen days after being served a copy of the Recommendation. More than fourteen days have
elapsed since the Recommendation was issued, and no objection has been filed. For the reasons
below, the Court accepts the Recommendation, which is incorporated into this order by
reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
“In the absence of a timely objection, the district court may review a magistrate judge’s
report under any standard it deems appropriate.” Summers v. Utah, 927 F.3d 1165, 1167 (10th
Cir. 1991).
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As outlined in the Recommendation, upon the Court’s acceptance of Plaintiff’s Second
Amended Complaint, Defendants State of Colorado and Colorado State University failed to
answer or otherwise respond, despite being represented by counsel. The magistrate judge issued
an Order to Show Cause (ECF No. 63), directing these Defendants to show cause why the Court
should not direct Plaintiff to seek entry of default and default judgment against them. After these
Defendants filed a Response (ECF No. 66), the magistrate judge determined that “it is now clear
that Plaintiff did not intend to assert claims against Defendants State of Colorado and Colorado
State University” (ECF No. 73 at 3). Accordingly, the magistrate judge discharged the Order to
Show Cause and issued the Recommendation.
As noted above, Plaintiff has not responded to the Recommendation, and the fourteen-
day deadline to do so has expired.
The Court discerns no error on the face of the record and agrees with the magistrate
judge’s analysis of the issues presented. See Gallegos v. Smith, 401 F. Supp. 3d 1352, 1356-57
(D.N.M. 2019) (applying deferential review of the magistrate judge’s work in the absence of any
objection).
Therefore, the Court ACCEPTS and ADOPTS the Recommendation (ECF No. 73) and
DISMISSES the claims against Defendants State of Colorado and Colorado State University.
DATED this 17th day of February, 2023.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
United States District Judge
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