Brown v. CVS Pharmacy

2021 OCT 27

CLERK TS DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH DWIGHT BROWN,

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v.

CVS PHARMACY, SANDY POLICE DEPARTMENT, ADC COUNTY JAIL, Case No. 2:21-cv-00375-JNP-DBP and SHERIFF DEPARTMENT,

Judge Jill N. Parrish

Defendants.

Magistrate Judge Dustin B. Pead issued a Report and Recommendation that the court dismiss plaintiff Dwight Brown’s action without prejudice. Judge Pead notified Brown that a failure to file a timely objection to his recommendation could waive any objections to it. No objection was filed within the allotted time.

Because Brown did not object to the Report and Recommendation, any argument that it was in error has been waived. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). The court will decline to apply the waiver rule only if “the interests of justice so dictate.” Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). The court has reviewed the Report and Recommendation and concludes it is not clearly erroneous. Thus, the court finds that the interests of justice do not warrant deviation from the waiver rule and ADOPTS IN FULL the Report and Recommendation.

Accordingly, the court ORDERS as follows:

1. The Report and Recommendation, ECF No. 12, is ADOPTED IN FULL.

2. The court DISMISSES this action WITHOUT PREJUDICE.

DATED October 27, 2021.

BY THE COURT: ______________________________________ JILL N. PARRISH United States District Judge