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 12, 2018
recommends that Plaintiff Parker Malmstrom’s
perjury, witness tampering, First, Sixth, Ninth, and
Fourteenth Amendment claims against Defendant Jill Coil be
dismissed without prejudice for failure to state a claim.
Magistrate Judge Furse also recommends that Plaintiff
Parker Malmstrom’s defamation, unjust enrichment, and
breach of fiduciary duty claims against Ms. Coil be dismissed
without prejudice for lack of subject matter jurisdiction.
The Report and Recommendation declined to award the attorney
fees that Defendant Coil requested in her motion to
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.
72. 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). The last day of the 17 day period to file an objection
was Monday, January 29, 2018.
Tuesday, 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-and it is
not possible to find any clue-if this Report and
Recommendation is the subject of the objection. 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
Recommendation is adopted in its entirety.
HEREBY ORDERED that the Report and
Recommendation is ADOPTED and the Motion to
Dismiss Defendant Jill Coil is GRANTED IN PART
as to the dismissal of all claims against Ms. Coil without
prejudice and DENIED IN PART as to the request for an award
of attorney fees.
 Report and Recommendation: Jill
Coil’s Motion to Dismiss (ECF No. 42), docket no.
104, filed January 12, 2017.
 Id. at 11–12.
 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 Jill Coil.
 Id. at 12.
See supra note 4.