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