Opinion

Brown v. Wallace

Court
District Court, D. Colorado
Filed
Mar 18, 2025
Cited by
0 cases
Authority
More cited than 34.5%

“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.”

How later courts described this case

  • “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.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Chief Judge Philip A. Brimmer

Civil Action No. 24-cv-01057-PAB-STV

OCIE L. BROWN, III,

Plaintiff,

v.

CARMELLA WALLACE,

UNIVERSAL MUSIC GROUP,

INTERSCOPE RECORDS, and

OPUS MUSIC GROUP,

Defendants.

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

This matter is before the Court on the Recommendation of United States

Magistrate Judge [Docket No. 60]. The Recommendation states that objections to the

Recommendation must be filed within fourteen days after its service on the parties.

Docket No. 60 at 16-17 n.6; see also 28 U.S.C. § 636(b)(1)(C). The Recommendation

was served on February 28, 2025. 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.

Accordingly, it is

ORDERED that the Recommendation of United States Magistrate Judge [Docket

No. 60] is ACCEPTED. It is further

ORDERED that Defendants’ Motion to Dismiss First Amended Complaint [Docket

No. 52] is GRANTED in part. It is further

ORDERED that plaintiff's Amended Complaint [Docket No. 32] is DISMISSED

without prejudice. It is further

ORDERED that this case is closed.

DATED March 18, 2025.

BY THE COURT:

oa of

PHILIP A. BRIMMER

Chief United States District Judge

' 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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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