O'Mara v. Platt
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
Kevin James O'Mara,
MEMORANDUM DECISION AND ORDER
ADOPTING REPORT &
Case No. 2:13-cv-118 DN
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:
Docket no. 6.
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.”
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
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
United States District Judge
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