Woodward v. Mastercard Direct Express et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 7 Report and Recommendations. The court ORDERS that Plaintiff's action be DISMISSED WITHOUT PREJUDICE. Case Closed. Signed by Judge Jill N. Parrish on 10/2/2018. (jwt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
RONALD MICHAEL WOODWARD,
Plaintiff,
v.
MASTERCARD DIRECT EXPRESS; and
SOCIAL SECURITY DISABILITY,
Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT WITHOUT
PREJUDICE
Case No. 2:16-CV-1110
District Judge Jill N. Parrish

Pro se Plaintiff Ronald Michael Woodward, proceeding in forma pauperis (“IFP”), filed
this complaint on November 22, 2016. (ECF No. 4). The court subsequently referred the case to
Magistrate Judge Evelyn J. Furse pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 6). Magistrate
Judge Furse screened Mr. Woodward’s complaint as required by the IFP statute, and on June 29,
2018, she issued a Report and Recommendation that Mr. Woodward’s complaint be dismissed for
lack of subject matter jurisdiction. (ECF No. 7).
Mr. Woodward did not file an objection to the Report and Recommendation, and therefore
waived any argument that it was in error. See United States v. One Parcel of Real Prop., 73 F.3d
1057, 1060 (10th Cir. 1996). The court will decline to apply the waiver rule only if “the interests
of justice so dictate.” Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). The court has
reviewed the Report and Recommendation and concludes that it is not clearly erroneous and finds
that the interests of justice do not warrant deviation from the waiver rule.

Accordingly, the court ADOPTS the Report and Recommendation to dismiss the
Plaintiff’s complaint. The court ORDERS that Plaintiff’s action be DISMISSED WITHOUT
PREJUDICE.

Signed October 2, 2018
BY THE COURT

______________________________
Jill N. Parrish
United States District Court Judge

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