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)

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