James Walker v. Hadco Construction

Summary

The United States District Court for the District of Utah adopted the magistrate judge’s Report and Recommendation after plaintiff James Walker failed to file an objection. The court denied Walker’s motion to proceed in forma pauperis and ordered him to pay the full filing fee within 14 days, warning that failure to do so would result in dismissal without prejudice.

Holdings

1. A party's failure to file a timely objection to a magistrate judge's Report and Recommendation waives objections to the recommendation, absent a determination that the interests of justice require deviation from the waiver rule.
2. The Report and Recommendation was adopted in full, and James Walker's motion to proceed in forma pauperis was denied.
3. Plaintiff was ordered to pay the full filing fee by February 23, 2026; failure to do so would result in dismissal without prejudice.

Questions Presented

1. Whether plaintiff's failure to object timely to the magistrate judge's Report and Recommendation waived objections to it.
2. Whether the district court should adopt the Report and Recommendation and deny plaintiff's motion to proceed in forma pauperis.
3. Whether plaintiff should be ordered to pay the full filing fee within fourteen days, subject to dismissal without prejudice for nonpayment.

Disposition

other