Opinion

Brown v. Newey

Court
District Court, D. Utah
Filed
Sep 18, 2023
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

MIKEL R. BROWN,

Plaintiff, ORDER ADOPTING REPORT AND

RECOMMENDATION

v.

REID NEWEY, et al.,

Case No. 1:21-cv-00154-JNP-CMR

Defendants.

Judge Jill N. Parrish

Magistrate Judge Cecilia M. Romero issued a Report and Recommendation that the court

dismiss the plaintiff’s action. Judge Romero notified the plaintiff that a failure to file a timely

objection to her recommendation could waive any objections to it. No objection was filed within

the allotted time.

Because no party objected 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). In determining whether the

interests of justice require an exception to the waiver rule, the Tenth Circuit has “considered factors

such as ‘a pro se litigant’s effort to comply, the force and plausibility of the explanation for his

failure to comply, and the importance of the issues raised.’” Duffield v. Jackson, 545 F.3d 1234,

1238 (10th Cir. 2008). In this case, there is no indication that the interests of justice require it to

deviate from the waiver rule. 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. 68, is ADOPTED IN FULL.

2. The court DISMISSES plaintiff’s first and ninth causes of action against the Davis

School District without prejudice.

3. The court DISMISSES plaintiff’s § 1983 claims under the third, fourth, and fifth causes

of action as to defendants Reid Newey, Blake Haycock and John Robinson in their

official capacities without prejudice.

4. The court DISMISSES Plaintiff’s remaining § 1983 claims under the third, fourth, and

fifth causes of action as to defendants Reid Newey, Blake Haycock and John Robinson

in their individual capacities with prejudice because these defendants are entitled to

qualified immunity.

DATED the 18th day of September, 2023.

BY THE COURT:

______________________________________

JILL N. PARRISH

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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