Brown v. Experian Information Solutions
MEMORANDUM DECISION and Order Adopting Report and Recommendation and Dismissing Case Without Prejudice. Signed by Judge Ted Stewart on 08/30/2011. (tls)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
TIRONE KENNETH BROWN,
MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
DISMISSING CASE WITHOUT
Case No. 2:10-CV-1036 TS
This matter is before the Court for review of the Magistrate Judge’s June 1, 2011
Report & Recommendation. The Magistrate Judge recommended the Complaint be
dismissed because Plaintiff failed to appear and show cause why the case should not be
dismissed and had earlier failed to appear at the initial pretrial conference. The Report and
Recommendation notified Plaintiff he had ten days to file an objection to the Report and
Recommendation and that the failure to file an objection may constitute waiver of those
objections on appellate review. Plaintiff has not filed any objection.
If, as in this case, there is no objection to the Report and Recommendation, the
Court applies the “clearly erroneous” standard.1 Under the clearly erroneous standard,
this Court will affirm the Magistrate Judge’s ruling “unless it ‘on the entire evidence is left
with the definite and firm conviction that a mistake has been committed.’”2
Having reviewed the Report and Recommendation and the docket the Court finds
that the Report and Recommendation is not clearly erroneous. Accordingly, it is therefore
ORDERED that the Magistrate Judge’s Report and Recommendation (Docket No.
21) is ADOPTED IN FULL. It is further
ORDERED that this case is DISMISSED WITHOUT PREJUDICE. The Scheduling
order is VACATED.
This case may be closed forthwith.
DATED August 30, 2011.
BY THE COURT:
United States District Judge
28 U.S.C. § 636(b)(1) (requiring de novo review of only “those portions of the
report or specified proposed findings or recommendations to which objection is made”)
and Fed. R. Civ. P. 72(b) (3) (same).
Ocelot Oil Corp. v. Sparrow Industries, 847 F.2d 1458, 1464 (10th Cir. 1988)
(quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)).
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