Elliott v. Cargill

In the United States District Court for the District of Kansas _____________ Case No. 2:23-cv-02484-TC-GEB _____________ DAMIAN ELLIOTT, Plaintiff v. CARGILL AND JOHN AND JANE DOES, NURSES OF CARGILL/HR, Defendants _____________ ORDER ADOPTING REPORT & RECOMMENDATION Magistrate Judge Gwynne E. Birzer issued a Report and Recom- mendation, recommending that Damian Elliott’s claims be dismissed without prejudice because Elliott did not provide sufficient detail to raise a right to relief and may not have exhausted administrative rem- edies. Doc. 12 at 8. The R&R allowed Elliott 14 days after service to file any objections and noted that “[f]ailure to make a timely objection waives appellate review.” Doc. 12 at 10. The R&R was entered on June 14, 2024, and served by regular and certified mail. See Doc. 11.

When a magistrate judge issues a report and recommendation on a dispositive pretrial matter, a party objecting to the recommendation must “serve and file specific, written objections to the proposed find- ings and recommendations.” Fed. R. Civ. P. 72(b)(2). Where a party fails to make a proper objection, a district court may review the rec- ommendation under “any standard it deems appropriate,” even for clear error. Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (ci- tations omitted).

More than 14 days have passed without any written objection. And, after reviewing the pleadings submitted, there appears to be no clear error in Judge Birzer’s reasoning or recommendation. As a result, the R&R is adopted in its entirety.

IT IS THEREFORE ORDERED that the R&R be adopted. The case is DISMISSED without prejudice.

IT IS SO ORDERED.

Date: July 2, 2024 s/ Toby Crouse Toby Crouse United States District Judge