Ewell v. Law Offices of Kirk A. Cullimore
Filing
36
MEMORANDUM DECISION AND ORDER ADOPTING 34 REPORT AND RECOMMENDATIONS, granting 28 Motion to Dismiss. Signed by Judge David Nuffer on 3/30/13 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
CANDACE EWELL,
Plaintiff,
MEMORANDUM DECISION and
ORDER ADOPTING
REPORT & RECOMMENDATION
v.
Case No. 2:11-cv-405-DN-PMW
LAW OFFICES OF KIRK A. CULLIMORE,
Defendant.
District Judge David Nuffer
Magistrate Judge Paul M. Warner
This case was referred to Magistrate Judge Paul M. Warner under
28 U.S.C. § 636(b)(1)(B). 1 On March 12, 2013, Judge Warner issued a Report &
Recommendation (R&R) 2 recommending that this court GRANT Defendant’s motion to
dismiss.3
The parties were notified of their right to file objections to the R&R within 14 days. 4
Although no formal objections to the R&R were filed or received by the court, Plaintiff Candace
Ewell sent a letter to the court asking for the case to be continued while she tries to find counsel
to represent her in this case. 5 Ms. Ewell filed her complaint in May 2011 6 and has not had
counsel representing her since June 2011. 7 When Ms. Ewell appeared pro se at the Initial
Pretrial Conference in October 2011, she told the court she was trying to find counsel to
1
Order Referring Case, docket no. 26, filed March 29, 2012.
2
Docket no. 34, filed March 12, 2013.
3
Id. at 4.
4
Id.
5
Docket no. 35, lodged March 26, 2013.
6
Complaint, docket no. 1, filed May 4, 2011.
7
See Order Granting Motion to Withdraw, docket no. 10, filed June 16, 2011.
represent her in this matter. 8 Ms. Ewell has had well over a year to retain counsel, but has failed
to do so. The court cannot justify a further continuance on that basis.
The court has conducted a de novo review of the issues presented and agrees with Judge
Warner’s analysis, conclusions and recommendations. Accordingly, the R&R is adopted as the
order of this court.
ORDER
IT IS HEREBY ORDERED that the R&R 9 is ADOPTED as the order of the court and
Defendant’s Motion to Dismiss is GRANTED. 10 The clerk is directed to close this case.
Signed March 30, 2013.
BY THE COURT
________________________________________
District Judge David Nuffer
8
Minute Entry, docket no. 18, filed October 12, 2011
9
Docket no. 34.
10
Docket no. 28.
2
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