Murray et al v. Blanton et al

Filing 31

MEMORANDUM DECISION AND ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS. This case is DISMISSED without prejudice for failure to prosecute. Signed by Judge Dale A. Kimball on 9/6/2016. (eat)

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

CHAD MURRAY & RYAN YARNELL,
Plaintiff,
vs.
J F BLANTON, JR., ET AL.,
Defendants.

MEMORANDUM DECISION
AND ORDER ADOPTING REPORT
AND RECOMMENDATION
Case No. 2:13CV827DAK
Judge Dale A. Kimball

This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B).
On August 10, 2016, Magistrate Judge Brooke Wells issued a Report and Recommendation,
recommending that Plaintiffs’ case be dismissed for failure to respond to the court’s Order to
Show Cause. The Report and Recommendation notified Plaintiffs that any objection to the
Report and Recommendation was required to be filed within fourteen days of receiving it.
Plaintiffs have not filed an objection, and the time for doing so has passed.
A Magistrate Judge’s Report and Recommendation is subject to de novo review by this
court. See 28 U.S.C. § 636(b)(1)(B); see also Fed. R. Civ. P. 72(b). The court has reviewed the
record de novo and agrees with Magistrate Judge Wells’ recommendation to dismiss the case for
failure to prosecute. Accordingly, the court adopts and affirms Magistrate Judge Wells’ Report
and Recommendation. This case is DISMISSED without prejudice for failure to prosecute.

DATED this 6th day of September, 2016.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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