Nuneviller v. Department of Workforce Services et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
SARA MICHELLE NUNEVILLER,
Plaintiff,
v.
DEPARTMENT OF WORKFORCE
SERVICES, et al.,
Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION TO DISMISS
Case No. 2:24-cv-00254-JNP-CMR
Chief District Judge Jill N. Parrish
Chief Magistrate Judge Cecilia M. Romero
Magistrate Judge Cecelia M. Romero issued a Report and Recommendation, ECF No. 23,
that the court dismiss Plaintiff’s action without prejudice for failure to prosecute this case. Judge
Romero notified Plaintiff 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 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
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deviate from the waiver rule. Thus, the court finds that all objections are waived and ADOPTS IN
FULL the Report and Recommendation.
Accordingly, the court ORDERS as follows:
1. 	The Report and Recommendation, ECF No. 23, is ADOPTED IN FULL.
2. 	The court DISMISSES this action without prejudice.
DATED January 13, 2026
BY THE COURT
______________________________
Jill N. Parrish
United States District Court Judge
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