Hackford et al v. State of Utah et al

Filing 49

ORDER ADOPTING 45 REPORT AND RECOMMENDATIONS Plaintiffs' case is dismissed. Signed by Judge Dee Benson on 1/31/14 (alt)

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

RICHITA MARIE HACKFORD, et al.,
Plaintiffs,

ORDER ADOPTING
REPORT AND RECOMMENDATION

vs.

STATE OF UTAH, et al.,

Case No. 2:11-CV-84

Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Paul M. Warner on January 14, 2014, recommending that this court dismiss Plaintiffs’
case based on Plaintiffs’ failures to comply with Rule 4 and effectively prosecute their case.
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. On January 23, 2014, the
Plaintiffs filed their “Response to Report and Recommendations.” (Dkt. No. 47.) On January
28, 2014, the State Defendants filed their “Reply to Plaintiffs’ Response to Report and
Recommendation.” (Dkt. No. 48.)
Having reviewed all relevant materials, including Plaintiffs’ pro se response, Defendants’
reply, the record that was before the magistrate judge, and the reasoning set forth in the
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magistrate judge’s Report and Recommendation, the court agrees with the analysis and
conclusion of the magistrate judge. As Defendants’ point out in their Reply, Plaintiffs have been
provided with repeated opportunities to correct errors in their filing and service, yet three years
have passed and Plaintiffs have made no effort to comply. Rather than serving their complaint
on the Defendants and moving the case forward, Plaintiffs have done nothing more than
repeatedly reassert their requests for a temporary restraining order or preliminary injunctive
relief, notwithstanding the fact that those requests were denied by this court, and that denial was
affirmed by the United States Court of Appeals for the Tenth Circuit.
Accordingly, the court ADOPTS the Report and Recommendation of Magistrate Judge
Warner and issues the following Order. Plaintiffs case is DISMISSED.
DATED this 31st day of January, 2014.

_________________________________
Dee Benson
United States District Judge

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