Opinion
Civil Action No. 05-cv-01596-MSK-MEH.
August 30, 2006
OPINION AND ORDER ADOPTING RECOMMENDATION AND DISMISSING ACTION
THIS MATTER comes before the Court pursuant to the April 17, 2006 Report and Recommendation (# 31) of United States Magistrate Judge Michael E. Hegarty that the Defendants Denver Health Medical Center and Erique Lujan's Motion to Dismiss (# 14) be denied as moot and the case dismissed in its entirety. More than 10 days have passed and no party has filed Objections to the Recommendation. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1). Where no party files objections to a recommendation, the Court applies whatever standard of review to that recommendation that it deems appropriate. Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir. 1991). This Court has reviewed the recommendation under the otherwise applicable de novo standard of Fed.R.Civ.P. 72(b).
Upon de novo review, this Court agrees with the entirety of the findings and reasoning of the Magistrate Judge. Accordingly, the Recommendation (# 31) is ADOPTED and the Defendants Denver Health Medical Center and Erique Lujan's Motion to Dismiss (# 14) is DENIED AS MOOT. Pursuant to the Stipulation of Dismissal (# 28), the claims against those Defendants are DISMISSED with prejudice. The claims against Defendant Juanita Johnson are DISMISSED without prejudice, for failure of the Plaintiff to prosecute. The Clerk of the Court is directed to close this case.