Desai v. Garfield County Government et al

Filing 66

MEMORANDUM DECISION AND ORDER ADOPTING 59 REPORT AND RECOMMENDATIONS: Kade Fulmer, Benjamin Hulet, Danny Lytle, Gerald Osborne, Robert Pero, Rebecca Rockwell, Joseph Thompson, John Valentine, Barry Conover, and Michael Cragun are dismissed without prejudice for failure to serve process. Signed by Judge David Nuffer on 1/29/19 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
HARDSHAD P. DESAI,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
GARFIELD COUNTY GOVERNMENT,
JOSEPH THOMPSON, KADE FULMER,
LELAND POLLOCK, DAVID B. TEBB,
JERRY TAYLOR, UTAH STATE TAX
COMMISSION, DANNY LYTLE, GERALD
OSBORNE, BENJAMIN HULET, JOHN
VALENTINE, MICHAEL CRAGUN,
ROBERT PERO, REBECCA ROCKWELL,
and BARRY CONOVER,

Case No. 2:17-cv-01164-DN-EJF
District Judge David Nuffer

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Evelyn J.
Furse on January 10, 2019, recommends that Plaintiff’s claims against Defendants Danny Lytle,
Gerald Osborne, Benjamin Hulet, John Valentine, Michael Cragun, Robert Pero, Rebecca
Rockwell, Barry Conover, Joseph Thompson, and Kade Fulmer be dismissed without prejudice
for Plaintiff’s failure to serve process.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. 2 On January 18, 2019, Plaintiff filed three documents: “Motion to Schedule Hearing to

1

Report and Recommendation to Dismiss Individual Defendants (“Report and Recommendation”), docket no. 59,
filed Jan. 10, 2019.
2

Id. at 6.

Clear confusion of amendment 11 (Defendant’s Claim);” 3 “Motion to Schedule Hearing to Clear
Confusion of Relief Claimed;” 4 and “Motion to Schedule Hearing to Clear confusion of Court
Jurisdictions (State v. Federal District Court).” 5 Nothing in the content of these documents can
be construed as objecting to the Report and Recommendation’s findings, analysis, or conclusion.
No other filings were made within the 14-day objection period. Therefore, the analysis and
conclusion of the Magistrate Judge are accepted and the Report and Recommendation 6 is
ADOPTED in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 7 is ADOPTED.
Plaintiff’s claims against Defendants Danny Lytle, Gerald Osborne, Benjamin Hulet, John
Valentine, Michael Cragun, Robert Pero, Rebecca Rockwell, Barry Conover, Joseph Thompson,
and Kade Fulmer are DISMISSED without prejudice for Plaintiff’s failure to serve process.
Signed January 29, 2019.
BY THE COURT

________________________________________
District Judge David Nuffer

3

Docket no. 62, filed Jan. 18, 2019.

4

Docket no. 63, filed Jan. 18, 2019.

5

Docket no. 64, filed Jan. 18, 2019.

6

Docket no. 59, filed Jan. 10, 2019.

7

Id.

2