Walker v. Hadco Construction

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JAMES WALKER,
Plaintiff,
v.
HADCO CONSTRUCTION,
Defendant.
ORDER ADOPTING REPORT AND
RECOMMENDATION, DENYING IFP
MOTION, AND ORDERING THE
PLAINTIFF TO PAY THE FILING FEE
WITHIN 14 DAYS
Case No. 1:25-cv-00184-JCB
Judge Jill N. Parrish
Magistrate Judge Jared C. Bennett issued a Report and Recommendation that the court
deny plaintiff James Walker’s motion to proceed in forma pauperis. ECF No. 3. Judge Bennett
notified Mr. Walker that a failure to file a timely objection to the recommendation could waive any
objections to it. No objection was filed within the allotted time.
Because Mr. Walker did not object 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 this case, there is no
indication that the interests of justice require it to deviate from the waiver rule. Thus, the court
finds that all objections are waived and ADOPTS IN FULL the Report and Recommendation.
The court ORDERS as follows:
1. 	The Report and Recommendation, ECF No. 3, is ADOPTED IN FULL.
2. 	Plaintiff James Walker’s motion to proceed in forma pauperis, ECF No. 2, is DENIED.
3. 	The court ORDERS Mr. Walker to pay the full filing fee by February 23, 2026. If he
fails to do so, this case will be dismissed without prejudice.
Case 1:25-cv-00184-JNP-JCB Document 4 Filed 02/09/26 PageID.<pageID> Page
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DATED February 9, 2026.
BY THE COURT:
______________________________________
JILL N. PARRISH
United States District Judge
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