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holding that absent a continuing violation, Title VII discrete acts occurring outside the statute of limitations are barred
Summary of this case from Branch v. United Parcel Serv.Opinion
Civil case no. 12-cv-02790-RM-KLM
05-30-2014
MOHAMED TOURE, Plaintiff, v. UNITED NATURAL FOODS, Defendant.
Judge Raymond P. Moore
ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE
This matter is before the Court on the August 23, 2013 Recommendation of United States Magistrate Judge Kristen L. Mix (the "Recommendation") (ECF No. 34) that Defendant's Motion for Summary Judgment (ECF No. 21) be granted. In so doing, the Recommendation, if adopted, resolves all claims at issue in this Title VII litigation. The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); FED. R. CIV. P. 72(b).
The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 34 at 24.) Despite this advisement, no objections to the Recommendation have to date been filed by either party.
The Court concludes that Judge Mix's analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) ("In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate.").
In accordance with the foregoing, the Court ORDERS as follows: (1) The Magistrate Judge's Recommendation (ECF No. 34) is ADOPTED in its entirety; (2) Defendant's Motion for Summary Judgment (ECF No. 21) is GRANTED; and (3) The Clerk is directed to enter judgment in favor of Defendant on all claims.
BY THE COURT:
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RAYMOND P. MOORE
United States District Judge