Martin v. Pineapple Greenhouse

Filing 14

ORDER adopting Report and Recommendations re 9 Report and Recommendation; adopting Report and Recommendation re 13 Report and Recommendations. It is hereby ORDERED that the Reports and Recommendations are hereby ADOPTED and the action is DISMISSED for failure to state a claim upon which relief may be granted. Signed by Judge Dee Benson on 11/9/2018. (mas)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MICHAEL C. MARTIN,
Plaintiff,

ORDER

v.
PINEAPPLE GREENHOUSE,
Defendant.

Case No. 2:18-cv-82-DB
District Judge Dee Benson

Before the court are the Reports and Recommendations of Magistrate Judge Brooke
Wells. (Dkt. Nos. 9 and 13.) On August 8, 2018, Judge Wells issued an Order to Amend
Deficient Complaint. (Dkt. No. 8.) In that Order, the court observed that the Complaint failed to
state a claim and instructed Plaintiff to file an amended complaint within thirty days of that
Order. (Id.) The court warned Plaintiff that failure to timely cure the deficiencies of the
Complaint would result in a recommendation that this case be dismissed. (Id.) Plaintiff failed to
file an amended complaint as instructed.
On September 24, 2018, Judge Wells issued a Report and Recommendation
recommending that the court dismiss Plaintiff’s Complaint for failure to state a claim. (Dkt. No.
9.) On October 1, 2018, Plaintiff requested additional time to amend his deficient complaint.
(Dkt. No. 10.) On October 12, 2018, Judge Wells granted Plaintiff’s request for additional time,
and ordered Plaintiff to file his amended complaint within fourteen days of the date of that
Order. (Dkt. No. 11.) Judge Wells also alerted Plaintiff that he had fourteen days from the date of
the Order to object to the September 24 Report and Recommendation, pursuant to 28 U.S.C. §

636 and Fed. R. Civ. P. 72. (Id.) Plaintiff did not file an objection or amended complaint within
the 14 days allowed by the court. On November 2, 2018, Judge Wells issued a Report and
Recommendation recommending that the court dismiss Plaintiff’s complaint, consistent with the
court’s previous Report and Recommendation. (Dkt. No. 13.) As of the date of this Order,
Plaintiff has not filed an objection to the Reports and Recommendations or an amended
complaint.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Reports and Recommendations has been completed. The
analysis and conclusion of the magistrate judge are correct and the Reports and
Recommendations will be adopted.
It is hereby ORDERED that the Reports and Recommendations (Dkt. Nos. 9 and 13) are
hereby ADOPTED and the action is DISMISSED for failure to state a claim upon which relief
may be granted.

DATED this 9th day of November, 2018.

BY THE COURT:

Dee Benson
United States District Judge

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