Kurz v. Zahn

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting 14 Report and Recommendations.; finding as moot 1 Motion for Leave to Proceed in forma pauperis; Plaintiffs complaint is therefore DISMISSED WITH PREJUDICE. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

JO ANN KURZ,

Case No. 1:11-cv-00342-EJL-MHW
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDAT ION

COLLEEN ZAHN,
Defendant.
On April 13, 2012, United States Magistrate Judge Mikel H. Williams issued a
Report and Recommendation (Dkt. 14), recommending that Plaintiff’s Application for In
Forma Pauperis Status be denied. Judge Williams further recommended that plaintiff’s
complaint, conditionally filed, be dismissed. Any party may challenge a magistrate
judge’s proposed recommendation by filing written objections within fourteen days after
being served with a copy of the Magistrate Judges’s Report and Recommendation. See
28 U.S.C. § 636(b)(1)(C). The district court must then “make a de novo determination of
those portions of the report or specified proposed findings or recommendations to which
objection is made.” Id. The district court may accept, reject, or modify in whole or in

ORDER - 1

part, the findings and recommendations made by the Magistrate Judge. Id.; see also Fed.
R. Civ. P. 72(b).
Plaintiff filed an objection challenging the Report and Recommendation’s
conclusions. (Dkt. Nos. 15-17). She also paid the $350 filing fee.
After considering Plaintiff’s contentions and conducting a de novo review of the
record, the Court agrees with Judge Williams’ conclusions. The Court will not restate
those conclusions here, but to summarize: (1) Plaintiff’s negligence and malpractice
claims are time-barred; and (2) her remaining claims are not viable under the reasoning of
Weitz v. Green, 230 P.3d 743 (Idaho 2011) and Richardson v. Kessler, 255 P.2d 707, 709
(Idaho 1953). The Court will therefore dismiss her complaint with prejudice.
ORDER
IT IS ORDERED:
1. Plaintiff’s application for in forma pauperis status is MOOT, given her
payment of the $350 filing fee.
2. Otherwise, the Court adopts the Report and Recommendation in its entirety.
Plaintiff’s complaint is therefore DISMISSED WITH PREJUDICE.
3. The Court will enter a separate judgment in accordance with Federal Rule of
Civil Procedure 58.

ORDER - 2

SO ORDERED.

DATED: September 26, 2012

_________________________
Edward J. Lodge
United States District Judge

ORDER - 3