Domai v. Brigham Young University

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 9 Report and Recommendations. The court dismisses the action with prejudice. Signed by Judge Jill N. Parrish on 6/13/2018. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
GUY M. DOMAI,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
BRIGHAM YOUNG UNIVERSITY,
Case No. 2:17-cv-00872-JNP-BCW
Defendant.
Judge Jill N. Parrish
On April 17, 2018, Magistrate Judge Brooke C. Wells issued a Report and
Recommendation that this court dismiss plaintiff Guy Domai’s complaint with prejudice.
[Docket 9]. The Report and Recommendation advised the Domai that a failure to object within
fourteen days of service could result in a waiver of objections upon review by this court. Twenty
days later, on May 7, 2018, Domai filed a brief response to the Report and Recommendation. In
it he stated: “For the purpose of complying with the 14 days requirement to submit a response to
the court, the plaintiff is filing this preliminary document pending the receipt of a document that
he wants to use for evidence in his response.” As of June 12, 2018, Domai has not objected to
any aspect of Judge Wells’s Report and Recommendation or requested an extension of time to
file an objection.
Domai’s failure to file a timely objection 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 concludes that it is not clearly

erroneous. The court therefore determines that the interests of justice do not warrant deviation
from the waiver rule and adopts the Report and Recommendation.
Accordingly, the court ORDERS as follows:
1. The Report and Recommendation [Docket 9] is ADOPTED IN FULL.
2. The court dismisses the action with prejudice.
SO ORDERED June 13, 2018.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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