Shelton v. Cafe Rio

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATION: The court ADOPTS the Report and Recommendation and DENIES 7 Shelton's motion for an extension of time for service. The court ORDERS that Shelton's action be DISMISSED WITHOUT PREJUDICE. Signed by Judge Jill N. Parrish on 12/5/17. (dla)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
TAMMY SHELTON,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
CAFÉ RIO d.b.a. CAFÉ RIO MEXICAN
GRILL,
Defendant.

Case No. 1:17-cv-00101-JNP-BCW
Judge Jill N. Parrish

Plaintiff Tammy Shelton moved for an extension of time for service of the Complaint and
Summons in this case. [Docket 7]. In response, Magistrate Judge Wells issued a Report and
Recommendation that the motion be denied and that Shelton’s Complaint be dismissed without
prejudice for a failure to serve the Complaint on Café Rio within 90 days. [Docket 8]. Judge
Wells notified Shelton that she had 14 days to object to the Report and Recommendation and that
a failure to object may constitute a waiver of any objections.
Shelton did not file an objection to the Report and Recommendation. She therefore
waived any argument that the Report and Recommendation was in error. 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
that it is not clearly erroneous and finds that the interests of justice do not warrant deviation from
the waiver rule.

The court, therefore, ADOPTS the Report and Recommendation and DENIES Shelton’s
motion for an extension of time for service. The court ORDERS that Shelton’s action be
DISMISSED WITHOUT PREJUDICE.
SO ORDERED December 5, 2017.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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