Didericksen v. Earnshaw

• Court: District Court, D. Utah
• Decided: August 25, 2021
• Docket: 2:18-cv-00218
• Status: Unknown

Opinion

U.S. DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

CLARA DIDERICKSEN,

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v.

DALLAS EARNSHAW; UTAH STATE HOSPITAL, AND BEAR RIVER Case No. 2:18-cv-00218-JNP-DAO MENTAL HEALTH, Judge Jill N. Parrish Defendants.

Magistrate Judge Daphne A. Oberg issued a Report and Recommendation that the court dismiss plaintiff Clara Didericksen’s action without prejudice. Judge Oberg notified Didericksen that a failure to file a timely objection to her recommendation could waive any objections to it. No objection was filed within the allotted time. Because no party objected to the Report and Recommendation, any argument that it was in error has been waived. 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 it is not clearly erroneous. Thus, the court finds that the interests of justice do not warrant deviation from the waiver rule and ADOPTS IN FULL the Report and Recommendation. Accordingly, the court ORDERS as follows: 1. The Report and Recommendation, ECF No. 8, is ADOPTED IN FULL. 2. The court DISMISSES this action WITHOUT PREJUDICE. DATED August 25, 2021. BY THE COURT: . A N. PARRISH United States District Judge