Sara Michelle Nuneviller v. Department of Workforce Services, et al.

Summary

The United States District Court for the District of Utah adopted in full a magistrate judge’s Report and Recommendation recommending dismissal for failure to prosecute. Because no timely objection was filed, the court found that objections were waived and dismissed the action without prejudice.

Holdings

1. A party that fails to timely object to a magistrate judge's Report and Recommendation waives arguments that the recommendation was erroneous.
2. The court may decline to apply the waiver rule when the interests of justice so dictate, but no such exception was warranted here.
3. The action was properly dismissed without prejudice for failure to prosecute, and the magistrate judge's Report and Recommendation was adopted in full.

Questions Presented

1. Whether the plaintiff waived objections to the magistrate judge's Report and Recommendation by failing to file a timely objection.
2. Whether the interests of justice required the court to excuse the waiver.
3. Whether the action should be dismissed without prejudice for failure to prosecute.

Disposition

dismissed