Opinion
Civil Action 21-cv-03428-PAB
03-31-2023
KAYLA JENNINGS, Plaintiff, v. MARTIN J. WALSH, Secretary of the United States Department of Labor, a Federal Agency, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
PHILIP A. BRIMMER CHIEF UNITED STATES DISTRICT JUDGE
This matter is before the Court on the magistrate judge's Recommendation [Docket No. 9]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. Docket No. 9 at 3 n.1; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on March 16, 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.” 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.
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).
Accordingly, it is
ORDERED that the Recommendation [Docket No. 9] is ACCEPTED. It is further
ORDERED that this case is dismissed without prejudice due to plaintiff's failure to prosecute the action. It is further
ORDERED that Defendant's Motion to Dismiss [Docket No. 6] is DENIED as moot. It is further
ORDERED that this case is closed.
BY THE COURT: