United States District Court, D. Utah, Central Division
R. Pead Magistrate Judge
ORDER ADOPTING REPORT & RECOMMENDATION AND
J. SHELBY United States District Judge
Quintin Drollinger instigated this action by filing a civil
rights Complaint in September 2015. On October 20, 2015, this
case was referred to Magistrate Judge Dustin B. Pead pursuant
to 28 U.S.C. § 636(b)(1)(B).
December 2, 2016, Judge Pead issued an Order to Show Cause in
view of Drollinger's failure to that date to provide the
court with proof of service of a summons and the Complaint on
the Defendants. Rule 4(1)(1), Federal Rules of Civil
Procedure, required Drollinger to make such proof to the
court. And at the time Drollinger filed suit, Rule 4(m)
required him to effectuate such service within 120
days. Judge Pead ordered Drollinger to respond
to the court in writing within fifteen days to show cause why
the case should not be dismissed for failure to prosecute,
warning that “[f]ailure to do so will result in
dismissal of the case. The court s docket shows no response from
Drollinger to Judge Pead s Order.
December 21, 2016, Judge Pead issued a Report and
Recommendation in which he recounted the above-discussed
facts and recommended that the undersigned dismiss
Drollinger's Complaint without prejudice based on his
failure to prosecute his case. Judge Pead in his Report and
Recommendation stated that parties may file written
objections to it within fourteen days, and that [f]ailure to
object may constitute a waiver of objections upon subsequent
date, no party has filed any objection to Judge Pead's
Report and Recommendation. Any objection filed at this point
would be untimely. Moreover, the court's careful review
of the record leads it to conclude that Judge Pead's
Report and Recommendation is correct and should be adopted.
upon the foregoing, Plaintiff's Complaint is DISMISSED.
The Clerk of Court is directed to close this case.
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 (Matter Not Available)