Gatt v. Express Recovery Services
Filing
36
ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS to dismiss complaint without prejudice. Signed by Judge Dale A. Kimball on 3/12/12 (alt)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
RICHARD G. GATT,
Plaintiff,
ORDER AFFIRMING
REPORT & RECOMMENDATION
v.
Case No. 2:11CV43DAK
EXPRESS RECOVERY SERVICES,
Judge Dale A. Kimball
Defendant.
This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Paul M. Warner under 28 U.S.C. § 636(b)(1)(B).
The court scheduled an initial pre-trial conference under DUCivR 72-1 before Magistrate Judge
Nuffer, and Plaintiff did not appear. The court then issued an order to show cause why the case
should not be dismissed. Plaintiff did not respond to the court’s order. Magistrate Judge Nuffer,
therefore, issued a Report and Recommendation on February 13, 2012, recommending that
Plaintiff’s case be dismissed without prejudice for failure to appear at the hearing and failure to
respond to the court’s order.
The Report and Recommendation notified Plaintiff that he could file objections to the
Report and Recommendation within 14 days of being served with the Report and
Recommendation. The court has not received an objection to the Report and Recommendation
even though nearly a month has passed since it was issued.
The court has reviewed the file de novo. The court approves and adopts the Magistrate
Judge's Report and Recommendation in its entirety. Accordingly, Plaintiff’s Complaint is
dismissed without prejudice.
DATED this 12th day of March, 2012.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
2
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