Morris v. US Magnesium et al

Filing 15

MEMORANDUM DECISION AND ORDER 14 ADOPTING REPORT AND RECOMMENDATIONS re dismissal, deeming moot 11 Motion for Service of Process. The case is dismissed without prejudice - CASE CLOSED. Signed by Judge David Nuffer on 9/29/14 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MERIAH SETH MORRIS,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:14-cv-250-DN-BCW
US MAGNESIUM,, et al.,
District Judge David Nuffer
Defendants.

The Report and Recommendation (R & R) by United States Magistrate Judge Brooke
Wells, 1 recommended dismissal of Plaintiff Meriah Seth Morris’s case for failure to file his
complaint within 90 days of receiving the right to sue letter from the Equal Employment
Opportunity Commission (EEOC) and for failure to obey the court’s order to “provide the
original envelope that contained the Right to Sue letter to the Court for in camera inspection.” 2
The R & R further recommends that the pending motion for service of process be denied or
deemed moot. 3
Morris was notified of the right to file objections to the R & R within 14 days of service
pursuant to 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. 4 No
objection was filed.
Pursuant to 28 U.S.C. § 636(b) and Rule 72(b)(3), and after de novo review of all
materials, including the record that was before the magistrate judge and the reasoning set forth in
the R & R,
1

Report and Recommendation R & R), docket no. 14, filed September 9, 2014.

2

Id. at 2.

3

Id. at 3.

4

Id.

IT IS HEREBY ORDERED that the R & R is ADOPTED and the case is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the motion for service of process 5 is MOOT. The clerk
is directed to close this case.
Signed September 29, 2014.
BY THE COURT

________________________________________
District Judge David Nuffer

5

Motion for Official Service of Process, docket no. 11, filed July 22, 2014.

2