2:16-cv-00973•Puri v. Traffic Monsoon et al
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1 IN THE UNITED STATE DISTRICT COURT STATE OF UTAH RIZWAN NASEER PURI, Plaintiff, vs. TRAFFIC MONSOON and CHARLES DAVID SCOVILLE, Defendants. REPORT & RECOMMENDATION Case No. 2:16-cv-00973 District Court Judge Ted Stewart Magistrate Judge Dustin B. Pead On December 18, 2015, this court issued an Order requiring Plaintiff Rizwan Naseer Puri to properly serve Defendants Traffic Monsoon and Charles David Scoville on or before January 30, 2026, and to file proof of service with the court (ECF No. 10). The court explicitly warned Plaintiff that failure to effect proper service by the January 30, 2026 date would result in dismissal of the action. The service date has now passed, and no proof of service has been filed with the court. Pursuant to Federal Rule of Civil Procedure 41(b), “[if] the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” “Although the language of Rule 41(b) requires that the defendant file a motion to dismiss, the Rule has long been interpreted to permit courts [as here] to dismiss actions sua sponte for a plaintiff’s failure to . . . comply with the rules of civil procedure or court’s orders.” Olsen v. Mapes, 333 F.3d 1199, 1205 n.3 (10th Cir. 2003); see also Nasious v. Two Unknown Case 2:16-cv-00973-TS Document 13 Filed 02/06/26 PageID.<pageID> Page 1 of 2
2 B.I.C.E. Agents, 492 F.3d 1158, 1161 (10th Cir. 2007) (citing Petty v. Manpower Inc., 591 F.2d 615, 617 (10 th Cir. 1979) (“a district court may, without abusing its discretion, enter such an order without attention to any particular procedures”)). RECOMMENDATION Plaintiff failed to comply with this court’s order requiring him to effect service on Defendants by January 30, 2026. Federal Rule 41(b) allows for dismissal of an action based on a plaintiff’s failure to comply with court orders. Fed. R. Civ. P. 41(b). Accordingly, this court RECOMMENDS that this case be dismissed for failure to prosecute and comply with court orders. The Clerk’s Office is directed to send copies of this Report and Recommendation to all parties who are hereby notified of their right to object. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The parties must file any objection to this Report and Recommendation within fourteen (14) days of service. Failure to object may constitution waiver of the objections upon subsequent review. DATED this 6th day of February, 2026. BY THE COURT ________________________________ DUSTIN B. PEAD Magistrate Judge United States District Court Case 2:16-cv-00973-TS Document 13 Filed 02/06/26 PageID.<pageID> Page 2 of 2
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