Logan v. Logan et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS Case Closed.; finding as moot 43 Motion to Strike ; adopting Report and Recommendations re 54 Report and Recommendations.; granting 9 Motion to Dismiss for Lack of Jurisdiction Case Closed. Judge M agistrate Judge Samuel Alba no longer assigned to case; granting 14 Motion to Dismiss Case Closed. Magistrate Judge Samuel Alba no longer assigned to case; granting 16 Motion to Dismiss Case Closed. Magistrate Judge Samuel Alba no longer assi gned to case; granting 14 Motion to Change Venue Case Closed. Magistrate Judge Samuel Alba no longer assigned to case; granting 14 Motion to Strike ; granting 26 Motion to Dismiss for Lack of Jurisdiction Case Closed. Judge Magistrate Judge Samuel Alba no longer assigned to case; granting 30 Motion to Dismiss for Lack of Jurisdiction Case Closed. Judge Magistrate Judge Samuel Alba no longer assigned to case; denying 32 Motion for Extension of Time. Signed by Judge Dee Benson on 4/17/12. (jlw)

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FILED U.S. DISTRICT COURT 1011 APR I g A 10: Ob IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION DISTRICT OF UTAH CHRISTINE E. LOGAN, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, vs. DAVID M. LOGAN, LOREN L. LOGAN, WILLIAM M. BENJAMIN, JAMES P. CLARK, WILLIAM J. DESS, STEVEN N. SPARTA, and LORI A. LOVE, Case No. 1:II-cv-00165 Judge Dee Benson Defendants. Before the Court is the Report and Recommendation issued by United States Magistrate Judge Samuel Alba on March 22,2012, recommending that: (1) Defendant Steven Sparta's Motion to Dismiss (Dkt. No.9), Defendants David Logan and Loren Logan's Motion to Dismiss (Dkt. No. 14), Defendant James Clark's Motion to Dismiss (Dkt. No. 16), Defendant William Benjamin's Motion to Dismiss (Dkt. No. 26), and Defendant Lori Love's Motion to Dismiss (Dkt. No. 30) be granted because the court lacks personal jurisdiction over the defendants; (2) Plaintiff Christine E. Logan's "Ex Parte Motion for 30 Days Extended Response Time To Enjoin the State of California as New Defendant" (Dkt. No. 32) be denied as futile; and (3) Defendant 1 William J. Dess be dismissed from the action, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), because Plaintiff fails to allege facts sufficient to establish personal jurisdiction. The parties were notified of their right to file objections to the Report and Recommendation within fourteen days after receiving it. Neither party has filed such an objection. Having reviewed all relevant materials, including the reasoning set forth in the Magistrate Judge's Report and Recommendation, the court ADOPTS the Report and Recommendation and hereby: (1) GRANTS Defendant Steven Sparta's Motion to Dismiss without prejudice (Dkt. No. 9), Defendants David Logan and Loren Logan's Motion to Dismiss without prejudice (Dkt. No. 14), Defendant James Clark's Motion to Dismiss without prejudice (Dkt. No. 16), Defendant William Benjamin's Motion to Dismiss without prejudice (Dkt. No. 26), and Defendant Lori Love's Motion to Dismiss vvithout prejudice (Dkt. No. 30); DENIES Plaintiffs Ex Parte Motion for Extended Response Time (Dkt. No. 32); and DISMISSES Defendant William J. Dess pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Logan Defendants' Motion to Strike (Dkt. No. 43) and Plaintiffs Motion to Deny Change of Venue (Dkt. No. 46) are DISMISSED as moot. IT IS SO ORDERED. DATED this n day of April, 2012. DeeB~ ;)~~ United States District Judge 2 J'l,....---­