Miguel A. Vazquez v. SRS-AOT-American Roofing, Luis Gonzalez, Tracy Spence, and David F.

Summary

The United States District Court for the District of Colorado accepts the magistrate judge’s recommendation without objection and grants defendants’ motion to dismiss. The court dismisses the plaintiff’s ADEA claim with prejudice, dismisses the amended complaint, and closes the case.

Holdings

1. When no party objects to a magistrate judge's recommendation, the district court may review the recommendation under any standard it deems appropriate; in this case, the court reviewed the recommendation for clear error on the face of the record.
2. The magistrate judge's recommendation was accepted, defendants' motion to dismiss was granted, plaintiff's ADEA claim was dismissed with prejudice, the amended complaint was dismissed, and the case was closed.

Questions Presented

1. What standard of review should the district court apply to an unobjected-to magistrate judge's report and recommendation?
2. Whether the magistrate judge's recommendation on defendants' motion to dismiss should be accepted and the amended complaint dismissed.

Disposition

dismissed