O'Mara v. Platt

Filing 8

MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 6 Report and Recommendations re 3 Complaint. Plaintiff's complaint is dismissed without prejudice - CASE CLOSED. Signed by Judge David Nuffer on 7/22/13 (alt)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION Kevin James O'Mara, Plaintiff, v. FNU Platt, MEMORANDUM DECISION AND ORDER ADOPTING REPORT & RECOMMENDATION Case No. 2:13-cv-118 DN Defendant. District Judge David Nuffer Before the Court is the Report and Recommendation issued on July 12, 20131 by United States Magistrate Judge Brooke Wells, recommending that this Court dismiss Plaintiff's complaint pursuant to Fed. R. Civ. P. 4(m).2 The parties were notified of their right to file objections to the Report and Recommendation within 14 days after receiving it. On July 16, 2013, the Plaintiff filed an Affidavit3 in response to the Report and Recommendation, wherein he agreed to dismissal of the case, stating in relevant part: 1 Docket no. 6. 2 Fed. R. Civ. P. 4(m) provides in relevant part: “If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” 3 Docket no. 7. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b)(3), the Court has reviewed de novo all materials, including the record that was before the magistrate judge, the reasoning set forth in the Report and Recommendation, and the Affidavit filed by the Plaintiff in response to the Report and Recommendation in which he stipulates to dismissal of the case. Based on the Plaintiff's stipulation to dismissal, and the reasoning and conclusion of the magistrate judge, IT IS HEREBY ORDERED that the Report and Recommendation (docket no. 6) is ADOPTED in its entirety. Plaintiff's complaint is dismissed without prejudice. Signed July 22, 2013. BY THE COURT ________________________________________ David Nuffer United States District Judge 2

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