Ewell v. Law Offices of Kirk A. Cullimore, No. 2:2011cv00405 - Document 36 (D. Utah 2013)
Court Description: MEMORANDUM DECISION AND ORDER ADOPTING 34 REPORT AND RECOMMENDATIONS, granting 28 Motion to Dismiss. Signed by Judge David Nuffer on 3/30/13 (alt)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION CANDACE EWELL, Plaintiff, MEMORANDUM DECISION and ORDER ADOPTING REPORT & RECOMMENDATION v. Case No. 2:11-cv-405-DN-PMW LAW OFFICES OF KIRK A. CULLIMORE, Defendant. District Judge David Nuffer Magistrate Judge Paul M. Warner This case was referred to Magistrate Judge Paul M. Warner under 28 U.S.C. ยง 636(b)(1)(B). 1 On March 12, 2013, Judge Warner issued a Report & Recommendation (R&R) 2 recommending that this court GRANT Defendant s motion to dismiss.3 The parties were notified of their right to file objections to the R&R within 14 days. 4 Although no formal objections to the R&R were filed or received by the court, Plaintiff Candace Ewell sent a letter to the court asking for the case to be continued while she tries to find counsel to represent her in this case. 5 Ms. Ewell filed her complaint in May 2011 6 and has not had counsel representing her since June 2011. 7 When Ms. Ewell appeared pro se at the Initial Pretrial Conference in October 2011, she told the court she was trying to find counsel to 1 Order Referring Case, docket no. 26, filed March 29, 2012. 2 Docket no. 34, filed March 12, 2013. 3 Id. at 4. 4 Id. 5 Docket no. 35, lodged March 26, 2013. 6 Complaint, docket no. 1, filed May 4, 2011. 7 See Order Granting Motion to Withdraw, docket no. 10, filed June 16, 2011. represent her in this matter. 8 Ms. Ewell has had well over a year to retain counsel, but has failed to do so. The court cannot justify a further continuance on that basis. The court has conducted a de novo review of the issues presented and agrees with Judge Warner s analysis, conclusions and recommendations. Accordingly, the R&R is adopted as the order of this court. ORDER IT IS HEREBY ORDERED that the R&R 9 is ADOPTED as the order of the court and Defendant s Motion to Dismiss is GRANTED. 10 The clerk is directed to close this case. Signed March 30, 2013. BY THE COURT ________________________________________ District Judge David Nuffer 8 Minute Entry, docket no. 18, filed October 12, 2011 9 Docket no. 34. 10 Docket no. 28. 2
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