Paciorek v. Utah County Jail et al

Filing 16

ORDER: Adopting 14 Report and Recommendations re: 7 Complaint. The court ADOPTS the Report and Recommendation. Accordingly, Plaintiffs action is DISMISSED WITHOUT PREJUDICE. Signed by Judge David Barlow on 05/09/2024. (kpf)

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
KENNETH MICHAEL PACIOREK,

ORDER ADOPTING [14] REPORT AND
RECOMMENDATION

Plaintiff,
Case No. 2:23-cv-00906
v.
District Judge David Barlow
UTAH COUNTY JAIL et al.,
Defendant.
The Report and Recommendation1 issued by the magistrate judge on April 24, 2024
recommends that the court dismiss Mr. Paciorek’s action for failure to state a claim upon which
relief can be granted and for failure to comply with court orders.2 Having found that Mr.
Paciorek failed to comply with the minimum pleading requirements, the magistrate judge
provided Mr. Paciorek with additional opportunities to amend his complaint.3 Mr. Paciorek
failed to meet the deadlines for each of the opportunities provided.4 The magistrate judge
recommends that the court dismiss the case under Federal Rule of Civil Procedure 41(b), which
allows for dismissal of an action based upon a plaintiff’s failure to comply with court orders.5
The parties were notified of their right to file objections to the Report and Recommendation

Report and Recommendation, ECF No. 14, filed April 24, 2024 [hereinafter R&R].
R&R 1.
3
Ruling and Order Permitting Plaintiff to File Amended Complaint, ECF No. 10, filed February 5, 2024; Order to
File Amended Complaint, ECF No. 13, filed March 8, 2024.
4
R&R 1.
5
R&R 2 (citing Olsen v. Mapes, 333 F.3d 1199, 1205 n.3 (10th Cir. 2003) (holding that Rule 41(b) has been
permitted to dismiss actions sua sponte for a plaintiff’s failure to comply with the rules of civil procedure or a
court’s orders.)).
1
2

within 14 days of its service pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72.6 No party filed an objection. Because no party filed a written objection to the
Report and Recommendation by the specified deadline, and because the magistrate judge’s
analysis and conclusion are sound, the court ADOPTS the Report and Recommendation.
Accordingly, Plaintiff’s action is DISMISSED WITHOUT PREJUDICE.
Signed May 9, 2024.
BY THE COURT
________________________________________
David Barlow
United States District Judge

6

R&R 2.

2