Summary
This order from the United States District Court for the District of Utah adopts a magistrate judge's report and recommendation after the plaintiff failed to file timely objections. Reviewing the unobjected report for clear error, the court finds the magistrate's analysis sound and agrees with the recommendation to dismiss the case for lack of subject matter jurisdiction and failure to state a claim. Accordingly, the court adopts the report in full, dismisses the complaint, and orders the case closed.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge’s report and recommendation dismissing the complaint for lack of subject matter jurisdiction and failure to state a claim.
- Whether the plaintiff’s failure to timely object to the report constitutes a waiver of objections.
Holdings
- The district court adopted the magistrate’s report and dismissed the complaint for lack of subject matter jurisdiction and failure to state a claim.
- Failure to object may constitute a waiver of objections upon subsequent review.
Key quotations
“[f]ailure to object may constitute waiver of objections upon subsequent review.” (at 4)
Factual background
Plaintiff Remy Kush filed a complaint against defendants Evan J. Vickers et al. The magistrate judge issued a Report and Recommendation recommending dismissal for lack of subject matter jurisdiction and failure to state a claim. Plaintiff made no objection within the 14‑day period.
Procedural history
Magistrate Judge Jared C. Bennett issued a Report and Recommendation recommending dismissal for lack of subject matter jurisdiction and failure to state a claim. The plaintiff did not file a timely objection, and the district court reviewed the report for clear error and adopted it, dismissing the complaint.