Kartiganer v. Juab County et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 49 Report and Recommendations, 7 Amended Complaint filed by Adam Kartiganer. Plaintiff may move for leave to amend his complaint to satisfy the pleading deficiencies as otherwise outlined in the report and recommendation. The motion shall be filed, with the amended complaint attached, on or before June 15, 2012. Signed by Judge Clark Waddoups on 05/25/2012. (asp)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

ADAM KARTIGANER,

MEMORANDUM DECISION AND
ORDER

Plaintiff,
v.

Case No. 2:10-CV-842

JUAB COUNTY, HOBY METZ, MAY
AUTOMOTIVE TOWING, and BARRY C .
CONOVER,

Judge Clark Waddoups

Defendants.

Before the court is the magistrate judge’s report and recommendation partially dismissing
Plaintiff’s complaint. (Dkt. No. 7.) In reviewing the report and recommendation under a 28
U.S.C. § 636(b)(1)(B) referral, the court “shall make a de novo determination of those portions
of the report or specified proposed findings or recommendations to which objection is made.” §
636(b)(1).
The Tenth Circuit has “repeatedly insisted that pro se parties follow the same rules of
procedure that govern other litigants.” Nielsen v. Price, 17 F.3d 1276, 1277 (10th Cir. 1994).
Plaintiff acknowledges as much, citing Bratcher v. Bary-Doyle Indep. Sch. Dist. No. 42, 8 F.3d
722, 724 (10th Cir. 1993) (“De novo review is statutorily and constitutionally required when
written objections to a magistrate’s report are timely filed with the district court.”). (Dkt. No. 51,
2.)

The date Plaintiff’s objection came due was April 20, 2012. (Dkt. No. 49.) Plaintiff’s
objection was dated and filed, however, on April 24, 2012. (Dkt. No. 50.) Plaintiff did not move
the court for an extension of time. Nor did Plaintiff respond to Defendants’ response (Dkt. No.
52), or otherwise argue that fourteen days had not passed since he was served with a copy of the
report and recommendation by which he would have otherwise timely filed his objection. See 28
U.S.C. § 636(b)(1). Defendants’ request that the objection should be disregarded as untimely is
therefore granted. Without an objection, the magistrate judge’s report and recommendation is
ADOPTED in its entirety. (Dkt. No. 49.)
Pursuant to the report and recommendation, Plaintiff may move for leave to amend his
complaint to satisfy the pleading deficiencies as otherwise outlined in the report and
recommendation. The motion shall be filed, with the amended complaint attached, on or before
June 15, 2012.

DATED this 25th day of May, 2012.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

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