United States District Court, D. Utah, Northern Division
J. Furse Magistrate Judge.
MEMORANDUM DECISION AND ORDER ADOPTING  REPORT
Nuffer United States District Judge.
Report and Recommendation issued by United States Magistrate
Judge Evelyn J. Furse on January 11, 2018
recommends that all of Plaintiff Parker
Malmstrom’s claims against the State of Utah and the Utah
Department of Child and Family Services be dismissed without
prejudice for failure to state a claim, or because of their
Eleventh Amendment Immunity or because neither constitutes a
“person” subject to suit under 42 U.S.C. §
parties were notified of their right to file objections to
the Report and Recommendation within 14 days of its service
pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P.
As Plaintiffs were mailed a copy of the Report and
Recommendation, they were provided an additional three days
to file their objection under Fed. R. Civ. P. 6(d). Because
the last day of the 17 day period to file an objection would
have been Sunday, January 28, 2018, the objection period was
extended one day until the end of Monday, January 29, 2018
under Fed. R. Civ. P. 6(a)(1)(C).
January 30, 2018, Plaintiffs filed a document entitled
“Objection to Magistrate’s Decision and Order Or
Motion to Set Aside Magistrate’s
[sic].” The document does not specify which Report
and Recommendation is the subject of the objection and its
content does not appear to relate to this Report and
Recommendation. In addition to the lack of specificity, the
filing is untimely as to this Report and
Recommendation. Because no party filed a timely written
objection to the Report and Recommendation as provided by
court rules, and because the analysis and conclusion of
the Magistrate Judge are sound, the Report and
Recommendationis adopted in its entirety.
HEREBY ORDERED that the Report and
Recommendation is ADOPTED and the Motion to
Dismiss filed by Defendants the State of Utah
and the Utah Department of Child and Family Services is
GRANTED. Plaintiff Parker Malmstrom’s claims against
the State of Utah and the Utah Department of Child and Family
Services are dismissed without prejudice.
 Report and Recommendation: State of
Utah and Utah Department of Child and Family Services Motion
to Dismiss (ECF No. 49), docket no. 103, filed
January 11, 2017.
 Id. at 6.
Pro se Plaintiff Parker Malmstrom filed
his Complaint on May 16, 2017. See Complaint,
docket no. 1, filed May 17, 2017. He then filed an
Amended Complaint on May 16, 2017. See Amended
Complaint, docket no. 3, filed May 23, 2017. The
Amended Complaint joined his mother, Crystal Malmstrom, as a
Plaintiff. See Id. At Oral Argument, Crystal
Malmstrom clarified that she is only bringing claims against
Defendant Jacob Smith. See Minute Order, Proceedings
held before Magistrate Judge Evelyn J. Furse: Motion Hearing,
docket no. 88, filed September 12, 2017. Because of this
clarification, the Report and Recommendation only address
Parker Malmstrom’s claims against the State of Utah and
the Utah Department of Child and Family Services.
See Motion to Dismiss,
docket no. 49, filed June 26, ...