Howard v. Ralphs et al

Filing 44

MEMORANDUM DECISION AND ORDER 43 ADOPTING REPORT AND RECOMMENDATIONS: adopting Report and Recommendations to grant 41 Motion to Dismiss for Lack of Prosecution. Signed by Judge David Nuffer on 9/22/17 (alt) Modified on 9/22/2017: added MemDec to text (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
SHERI L. HOWARD,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:13-cv-1042-DN-PMW
MAX LANG,
Defendant.

District Judge David Nuffer
Magistrate Judge Paul M. Warner

The Report and Recommendation 1 issued by United States Magistrate Judge Paul M.
Warner on June 30, 2017 recommends granting Defendant’s Motion to Dismiss 2 and that the
dismissal be with prejudice. 3
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. No party filed a written objection to the Report and Recommendation as provided by court
rules. Therefore, the analysis and conclusion of the Magistrate Judge are accepted and the Report
and Recommendation 4 is adopted in its entirety.

1

Report and Recommendation, docket no. 43, filed June 30, 2017.

2

Motion to Dismiss for Failure to Prosecute or Comply with Court Order, docket no. 41, filed May 18, 2017.

3

Report and Recommendation at 2.

4

Report and Recommendation, docket no. 43, filed June 30, 2017.

ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 5 is ADOPTED and
this case is DISMISSED with prejudice.
The Clerk is directed to close the case.
Signed September 22, 2017.
BY THE COURT

________________________________________
District Judge David Nuffer

5

Report and Recommendation, docket no. 43, filed June 30, 2017.

2