Smith v. City of North Branch

Filing 10

ORDER ADOPTING 9 REPORT AND RECOMMENDATION: 1. The Report and Recommendation is ADOPTED IN FULL. 2. The court DISMISSES this action without prejudice. Signed by Judge Jill N. Parrish on 6/3/24. (dle)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ERIC SMITH,
Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

CITY OF NORTH BRANCH,
Defendant.

Case No. 1:24-cv-00043-JNP-DBP
Judge Jill N. Parrish

Magistrate Judge Dustin B. Pead issued a Report and Recommendation that the court
dismiss the plaintiff’s action without prejudice for improper venue. Judge Pead notified the
plaintiff that a failure to file a timely objection to the recommendation could waive any objections
to it. No objection was filed within the allotted time.
Because no party objected 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). In determining whether the
interests of justice require an exception to the waiver rule, the Tenth Circuit has “considered factors
such as ‘a pro se litigant’s effort to comply, the force and plausibility of the explanation for his
failure to comply, and the importance of the issues raised.’” Duffield v. Jackson, 545 F.3d 1234,
1238 (10th Cir. 2008). In this case, there is no indication that the interests of justice require it to
deviate from the waiver rule. Thus, the court finds that all objections are waived and ADOPTS IN
FULL the Report and Recommendation.
Accordingly, the court ORDERS as follows:

1. The Report and Recommendation, ECF No. 9, is ADOPTED IN FULL.
2. The court DISMISSES this action without prejudice.

DATED June 3, 2024.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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