Caberera
v.
Pyramid Instrumentation & Elec. Corp.

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTADec 5, 2018
Case No. 1:18-cv-091 (D.N.D. Dec. 5, 2018)

Case No. 1:18-cv-091

12-05-2018

Jose Luis Caberera, Deceased; Claudia Jeneath Jiminez Caberera, North Dakota Personal Representative of Jose Louise Cabrerea, Surviving Spouse, and Guardian of their Minors, Plaintiffs, v. Pyramid Instrumentation and Electric Corporation now known as PTW Energy Service, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION

Claudia Jiminez Caberera initiated the above entitled action pro se with the payment of the filing fee and the filing of a complaint May 4, 2018, alleging in substance that defendant discriminated against and otherwise violated the rights of Caberera's husband, now deceased, while he was in the defendant's employ. On June 5, 2018, Magistrate Judges Charles S. Miller, Jr. issued a Report and Recommendation recommending that if Ms. Caberera failed to retain counsel or if counsel failed to file a notice of appearance by July 30, 2018, the court should dismiss the above-entitled action without prejudice because she is not a licensed attorney and is not permitted to represented anyone but herself. See Doc. No. 4. On August 21, 2018, Magistrate Judge Charles S. Miller, Jr., issued a second Report and Recommendation again recommending that the case be dismissed if Ms. Caberera failed to obtain counsel. See Do. No. 10. Ms. Caberera was granted two extensions of time to find counsel and/or object to the Report and Recommendation, with the last deadline being November 30, 2018. See Doc. Nos. 10 and 12. Ms. Caberera filed an objection on November 30, 2018. See Doc. No. 13.

The Court has carefully reviewed the two Reports and Recommendations and the entire record, Caberera's objection, and finds the Report and Recommendation to be persuasive. Accordingly, the Court ADOPTS the Reports and Recommendations (Docket Nos. 4 and 10) in their entirety. The Court DISMISSES the complaint without prejudice.

IT IS SO ORDERED.

Dated this 5th day of December, 2018.

/s/ Daniel L . Hovland


Daniel L. Hovland, Chief Judge


United States District Court