Bierly v. Amann

Full title: ELIZABETH BIERLY, Plaintiff(s), V. PAUL AMANN, et al., Defendant(s)

Court: United States District Court, D. Utah

Date published: May 20, 2004

Case No. 2:03CV639DAK (D. Utah May. 20, 2004)

Opinion

Case No. 2:03CV639DAK

May 20, 2004

ORDER

DALE KIMBALL, District Judge

On May 18, 2004, Plaintiff filed a Motion for Default and a Motion for Certification of Default asserting that the Defendants have not responded in any way to her Complaint, However, several Defendants filed motions to dismiss and Plaintiff had a chance to respond to the motions. Moreover, on April 2, 2004, Magistrate Judge Wells issued a Report and Recommendation, recommending that Plaintiff's case be dismissed for lack of jurisdiction as to all Defendants.

Plaintiff was advised in the Report and Recommendation that she could object to the Report and Recommendation. However, Plaintiff did not file any objections. This court reviewed the matter de novo and determined that the Report and Recommendation was correct. Therefore, this court issued an Order on April 20, 2004, adopting the Report and Recommendation and dismissing the entire case.

Because this case has been dismissed for lack of jurisdiction as to all defendants, Plaintiff's motions for default judgment are inappropriate and are, therefore, denied.