Summary
The United States District Court for the District of Utah adopts a magistrate judge’s Report and Recommendation recommending dismissal for failure to prosecute. The court dismisses the civil rights action without prejudice after the plaintiff failed to submit required summons and service-of-process forms and filed no objections.
Court
United States District Court for the District of Utah
Jurisdiction
United States District Court for the District of Utah
Decision date
June 4, 2026
Docket number
2:25-cv-694-DBP-DBB
Disposition
dismissed
Questions Presented
- Whether the magistrate judge's recommendation to dismiss the action for failure to prosecute was clearly erroneous where Plaintiff filed no objections and failed to submit the required summons and service-of-process forms.
- Whether the district court should adopt the Report and Recommendation and dismiss the action without prejudice.
Holdings
- When no timely and proper objection is filed, the district court reviews the unobjected-to portions of a magistrate judge's Report and Recommendation for clear error.
- Dismissal without prejudice for failure to prosecute was warranted because Plaintiff failed to submit the required summons and service-of-process forms by the court-ordered deadline after being warned that noncompliance could result in dismissal.
Court Document
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