Jeanpierre v. Public Storage et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
BRANDON MICHAEL JEANPIERRE,
Plaintiff,
v.
PUBLIC STORAGE, PUBLIC STORAGE
OP. L.P., and PUBLIC STORAGE
OPERATION COMPANY,
Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND GRANTING
MOTION TO DISMISS
Case No. 2:25-cv-00287-JNP
District Judge Jill N. Parrish
Magistrate Judge Cecilia M. Romero issued a Report and Recommendation that the court
grant the motion to dismiss filed by defendants Public Storage, Public Storage OP. L.P., and Public
Storage Operation Company (collectively, the defendants). Judge Romero notified the parties that
a failure to file a timely objection to the recommendation could result in waiver. 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 all objections are waived.
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Accordingly, the court ORDERS as follows:
1. 	The Report and Recommendation, ECF No. 54, is ADOPTED IN FULL.
2. 	The court GRANTS the defendants’ motion to dismiss this action with prejudice. ECF
No. 45.
DATED February 17, 2026.
BY THE COURT
______________________________
Jill N. Parrish
United States District Court Judge
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