Quintana v. Road Home Shelter, The et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 10 Report and Recommendations, 6 Complaint, filed by Phillip J. Quintana. Case Closed. Signed by Judge Clark Waddoups on 7/31/17. (jmr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION PHILLIP J. QUINTANA, Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION vs. Case No. 2:16-cv-443 Judge Clark Waddoups THE ROAD HOME SHELTER, WEIGLAND CENTER, SALT LAKE CITY POLICE DEPARTMENT, SAFE HAVEN, Defendants. This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkt. No. 6.) On April 25, 2017, Judge Wells issued a Report and Recommendation recommending that the plaintiff’s complaint be dismissed without prejudice, that the plaintiff be given thirty (30 days) after adoption of the Report and Recommendation to cure the deficiencies noted by Judge Wells, and that the Clerk’s Office mail plaintiff a copy of the Pro Se Litigation Guide. A copy of the Report and Recommendation was mailed to the plaintiff at the address he placed on file with the court, which also notified him of his right to object to the recommendation within 14 days of service. On June 12, 2017, the mailing sent to the plaintiff was returned to the Clerk’s Office, marked “Return to Sender” because it was “Unclaimed.” No additional address information for the plaintiff was identified. (Dkt. No. 11.) Obviously, no objection has been filed. 1 For the reasons stated in the Report and Recommendation, the court agrees with Judge Wells that the Complaint is inadequate to state a claim for relief and should be dismissed without prejudice. Furthermore, although the address on file does not appear to be valid, 1 plaintiff has given the homeless shelter’s address as his mailing address, so if he has returned there, it is possible that a second mailing will reach him. Accordingly, the court will give plaintiff thirty (30) days from the date of this Order Adopting Report and Recommendation to cure the deficiencies in the Complaint identified in Judge Wells’ recommendation. The court APPROVES AND ADOPTS Judge Wells’ Report and Recommendation in its entirety. SO ORDERED this 31st day of July, 2017. BY THE COURT: ______________________________ Clark Waddoups United States District Court Judge 1 The plaintiff has a duty to update the court with a valid mailing address. Jones v. Law Offices of Kirt A. Cullimore, 2016 WL 4257340 (D. Utah 2016) (unpublished). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?