Reed et al v. Huber

Filing 20

ORDER AFFIRMING REPORT AND RECOMMENDATION: The court affirms and adopts 16 Magistrate Judge Pead's Report and Recommendation dated 2/22/2017, in its entirety. Accordingly, the 10 Motion for Writ of Mandamus and the 15 Motion to Vacate Order, Judgment, or Proceedings, are both DENIED and the case is dismissed. The Clerk of Court is directed to close the case. Signed by Judge Dale A. Kimball on 3/30/17. (dla)

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

ROBERT REED and LAUREN SCOTT,

ORDER AFFIRMING REPORT &
RECOMMENDATION

Petitioners,
vs.
Case No. 2:16-CV-248-DAK-DBP
JOHN W. HUBER,
Judge Dale A. Kimball
Respondent.
Magistrate Judge Dustin B. Pead
This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Dustin B. Pead under 28 U.S.C. § 636(b)(1)(B). On
June 16, 2016, Petitioners filed a Motion for Writ of Mandamus, and, on February 21, 2017,
Petitioners filed a Motion to Vacate Order, Judgment, or Proceedings. On February 22, 2017,
Magistrate Judge Pead issued a Report and Recommendation recommending that the court deny
both motions, dismiss the Complaint for failure to state a claim upon which relief can be granted,
and close the case.
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 Report and
Recommendation notified Petitioners that any objection to the Report and Recommendation was
required to be filed within fourteen days of receiving it. On March 13, 2017, Petitioner Robert
Reed filed a Motion for Extension of Time to File Objections, which the court granted and
extended the deadline for filing objections to March 29, 2017. Petitioners did not file any
objections by the extended deadline, and, therefore, any objections are now untimely.

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The court has reviewed Magistrate Judge Pead’s Report and Recommendation de novo.
The court affirms and adopts the Magistrate Judge's Report and Recommendation in its entirety.
Accordingly, the Motion for Writ of Mandamus and the Motion to Vacate Order, Judgment, or
Proceedings are both DENIED and the case is dismissed. The Clerk of Court is directed to close
the case.

DATED this 30th day of March, 2017.

BY THE COURT:

_________________________________________
DALE A. KIMBALL
United States District Judge

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