DuVall v. Gunter et al

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
BERT DUVALL, IV,
Plaintiff,
v.
M. GUNTER; C. ANDERSON; C. PETTIT;
E. RUELAS; J. GREENE; K. ROBERTSON;
S. BERGSTROM; S. MACKELPRANG;
BEN PETERSON; L. AFATASI; JUDGE
ANN MARIE MCIFF ALLEN; JUDGE JON
D. DUNLAP; JUDGE MEB ANDERSON;
KATCH KEY; IRON COUNTRY
SHERIFF’S DEPARTMENT; CEDAR CITY
POLICE DEPARTMENT; UTAH
HIGHWAY PATROL; SAMUAL
WOODAL; IRON COUNTY; CEDAR CITY,
Defendants.
MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION
Case No. 4:25-cv-00083-DN-PK
District Judge David Nuffer
The Report and Recommendation1 issued by United States Magistrate Judge Paul Kohler
on October 22, 2025, recommends that Plaintiff’s Complaint2 and this action be dismissed
without prejudice for Plaintiff’s failure to prosecute by failing to effectuate service, and for
Plaintiff’s failure to respond to the Order to Show Cause3 issued by Judge Kohler on October 7,
2025.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
1 Docket no. 14, filed Oct. 22, 2025.
2 Docket no. 1, filed July 8, 2025.
3 Docket no. 10, filed Oct. 7, 2025.
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2
P. 72. No party filed a written objection to the Report and Recommendation as provided by court
rules. Therefore, the analysis and conclusion of Judge Kohler are accepted and the Report and
Recommendation is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation4 is ADOPTED in its
entirety, and Plaintiff’s Complaint5 and this action are DISMISSED without prejudice.
The Clerk is directed to close the case.
Signed November 19, 2025.
BY THE COURT
____________________________
David Nuffer
United States District Judge
4 Docket no. 14, filed Oct. 22, 2025.
5 Docket no. 1, filed July 8, 2025.
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