Bloomquist v. Misner

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS - re 8 Report and Recommendations. The above-captioned case is DISMISSED without prejudice for lack of prosecution. The clerk of court is directed to close the case. Signed by Judge Jill N. Parrish on 2/1/17. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

DARRELL C. BLOOMQUIST,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:15-cv-00882-JNP-DBP
MICHAEL MISNER,
Defendant.

District Judge Jill N. Parrish
Magistrate Judge Dustin B. Pead

Before the court is Magistrate Dustin B. Pead’s Report and Recommendation. (Docket
No. 8). Plaintiff Darrell C. Bloomquist filed a complaint against Defendant Michael Misner on
December 21, 2015. (Docket No. 3). Plaintiff subsequently filed a Motion for Service of Process
(Docket No. 4) and a Motion to Appoint Counsel (Docket No. 5). Thereafter, the court referred
this matter to Magistrate Judge Dustin B. Pead pursuant to 28 U.S.C. § 636(b)(1)(B). (Docket
No. 6). On September 12, 2016, Judge Pead denied both of Plaintiff’s motions and noted that
Plaintiff’s complaint was fatally deficient as pled. (Docket No. 7). Judge Pead instructed Plaintiff
to amend his complaint within thirty days, and warned that failure to properly amend the
complaint would result in dismissal. (Id.). Plaintiff failed to amend his complaint as instructed
and has not filed any other documents with the court since December of 2015.
On January 13, 2017, Judge Pead filed a Report and Recommendation recommending
that Mr. Bloomquist’s case be dismissed without prejudice for lack of prosecution. (Docket No.
8). Judge Pead’s Report and Recommendation provided that any objection to the

recommendation was to be filed with the court within fourteen days of service. That deadline has
come and gone with no objections filed by either party.
Based on the court’s de novo review of the record, the relevant legal authorities, and
Judge Pead’s Report and Recommendation, the court concludes that the Report and
Recommendation is a correct application of the law and the facts. Accordingly, the court
ORDERS as follows:
1. The Report and Recommendation (Docket No. 8) is ADOPTED IN FULL.
2. The above-captioned case is DISMISSED without prejudice for lack of prosecution.
3. The Clerk of Court is directed to close the case.
SO ORDERED this, the 1st day of February, 2017.
BY THE COURT:

________________________________________
JILL N. PARRISH
United States District Judge

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