Hansen v. Colvin

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The court ORDERS The Report and Recommendation 29 is ADOPTED IN FULL. The court DENIES 25 plaintiff Heather M.H.s motion to remand. Signed by Judge Jill N. Parrish on 5/29/2019. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
HEATHER M.H.,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
NANCY A. BERRYHILL,
Case No. 2:16-cv-01056-JNP-BCW
Defendant.
Judge Jill N. Parrish

On April 29, 2019, Magistrate Judge Brooke C. Wells issued a Report and
Recommendation that this court deny plaintiff Heather M.H.’s motion to remand. [Docket 29]. The
Report and Recommendation advised Heather M.H.. that a failure to object within 14 days of
service could result in a waiver of objections upon review by this court. She did not file an
objection within the 14-day time limit.
Heather M.H.’s failure to object waived any argument that the Report and
Recommendation was in error. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060
(10th Cir. 1996). The court need not apply this waiver rule as a procedural bar if “the interests of
justice so dictate.” Id. (quoting Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991)). The
court has reviewed the Report and Recommendation and its conclusion that Heather M.H. has
waived her arguments for a remand by failing to assert them in a timely manner. The court
concludes that the Report and Recommendation is not clearly erroneous and finds that the interests
of justice do not warrant deviation from the waiver rule. The court, therefore, ADOPTS IN FULL
the Report and Recommendation.
Accordingly, the court ORDERS as follows:

1. The Report and Recommendation [Docket 29] is ADOPTED IN FULL.
2. The court DENIES plaintiff Heather M.H.’s motion to remand. [Docket 25].
SO ORDERED May 29, 2019.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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