Zajac v. Balkema et al, No. 2:2017cv00304 - Document 23 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER-granting 21 Motion for Extension of Time; Motions terminated: 21 MOTION for Extension of Time Report and Recommendation filed by Thomas James Zajac. Plaintiff may file an objection to the Report and Recommendationon or before February 11, 2019. Signed by Judge Clark Waddoups on 12/14/18. (jmr)
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Zajac v. Balkema et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THOMAS JAMES ZAJAC, MEMORANDUM DECISION & ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO OBJECT TO REPORT AND RECOMMENDATION Plaintiff, v. JANE BALKEMA, et. al, Case No. 2:17-cv-304 Defendants. Judge Clark Waddoups Background On April 3, 2017, pro se Plaintiff Thomas James Zajac, proceeding in forma pauperis, commenced a Bivens action in the Northern District of Illinois. (See ECF No. 1.) On April 18, 2017, the case was transferred to the District of Utah and assigned to Judge Dee Benson. (See ECF No. 7.) On November 6, 2017, the case was referred to Magistrate Judge Evelyn Furse under 28 U.S.C. § 636(b)(1)(B). (See ECF No. 17.) On November 26, 2018, Magistrate Judge Furse entered a Report and Recommendation, recommending that “the District Judge DISMISS Mr. Zajac’s Complaint for failure to state a claim . . . .” (ECF No. 20 at 2.) Magistrate Judge Furse also notified the parties that they must file any objection to the Report and Recommendation within fourteen days of service thereof. (ECF No. 20 at 7-8.) On December 11, 2018, the court received Mr. Zajac’s Motion for Extension of Time to Respond to the Report and Recommendation. (See ECF No. 21.) Mr. Zajac appears to request a 60 day extension of the deadline to file an objection to the Report and Recommendation. (See ECF No. 21 at 1.) On December 13, 2018, Judge Dee Benson entered an Order of Recusal, and the case was assigned 1 Dockets.Justia.com to the undersigned on this date. (ECF No. 22.) Conclusion Plaintiff’s Motion for Extension of Time to Respond to the Report and Recommendation, (ECF No. 21) is GRANTED. Plaintiff may file an objection to the Report and Recommendation on or before February 11, 2019. DATED this 14th day of December, 2018. BY THE COURT: CLARK WADDOUPS United States District Judge 2