Bryson v. Potter et al

Filing 38

ORDER adopting Report and Recommendations re 37 Report and Recommendations, denying 34 Motion to Reopen Case. Signed by Judge Jill N. Parrish on 07/14/2022. (jl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
HAROLD OTTO BRYSON,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
KELLYE JILL POTTER; MICHAEL D.
DIREDA; and SCOTT M. HADLEY,
Defendants.

Case No. 1:12-cv-00202-JNP-JCB
Judge Jill N. Parrish

Magistrate Judge Jared C. Bennett issued a Report and Recommendation that the court
deny plaintiff Harold Otto Bryson’s motion to reopen his case (ECF No. 34). ECF No. 37. Judge
Bennett notified Bryson that a failure to file a timely objection to his recommendation could waive
any objections to it. No objection was filed within the allotted time.
Because Bryson did not object to the Report and Recommendation, any argument that it
was in error has been waived. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060
(10th Cir. 1996). The court will decline to apply the waiver rule only if “the interests of justice so
dictate.” Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). The court has reviewed the
Report and Recommendation and concludes it is not clearly erroneous. Thus, the court finds that
the interests of justice do not warrant deviation from the waiver rule and ADOPTS IN FULL the
Report and Recommendation.
Accordingly, the court ORDERS as follows:
1. The Report and Recommendation, ECF No. 37, is ADOPTED IN FULL.
2. Bryson’s motion to reopen his case, ECF No. 34, is DENIED.

DATED July 14, 2022.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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