Webb v. Weber County Government et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 9 Motion to Amend Complaint ; adopting Report and Recommendations re 11 Report and Recommendations. See order for further details.Signed by Judge Dee Benson on 7/18/12. (jlw)

1011 JUL I 8

A In: 16

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH

DISTR~IbIVISION
BY:

DEPuTy

1"'1 ~

DAVID WEBB,
ORDER ADOPTING REPORT AND

RECOMMENDATION

Plaintiff,

vs.

Case No. 1:11-cv-00128

WEBER COUNTY, CRAIG DEARDEN,
JAN ZOGMAISTER, KERRY GIBSON,
DEE SMITH, CAITLIN GOCKNOUR, NEIL
GARNER, AMY WICKS, BART BLAIR,
BRANDON STEPHENSON, DOUG
STEPHENS, SUSIE VON HOOSER,
TIMOTHY SCOTT, K. MURRAY, TERRY
THOMPSON, KEVIN MCCLEOD, KEVIN
BURTON, R. WEST, R. JOHNSON, R.
GATES, A. FLATT,
JON GREINER, JAMES RETALLICK, AND
TWO JOHN DOES,

Judge Dee Benson

Defendants.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Samuel Alba on April 25, 2012, recommending: (1) Plaintiff David Webb's ("Plaintiff")
Motion for Service of Process (Dkt. No.3) be granted in part and denied in part; (2) Plaintifrs
Motion to Appoint Counsel (Dkt. No.4) be denied; Plaintifrs Motion to amend his Complaint

1

be granted (Dkt. No.9); and (4) certain claims and defendants be dismissed from the Complaint
pursuant to the Magistrate Judge's screening capacity under 28 U.S.C. § I 915(e)(2).
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen days after receiving it. Plaintiff filed an objection to the
Report and Recommendation on May 9, 2012 (Dkt. No. 14). None of the Defendants filed an
objection to the Report and Recommendation.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge's Report and Recommendation, and Plaintiffs Objection to the Report and
Recommendation, the court ADOPTS the Report and Recommendation and hereby: (1)

DENIES Plaintiffs Motion to Appoint Counsel (Dkt. No.4); GRANTS Plaintiffs Motion to
Amend Complaint (Dkt. No.9); GRANTS in part and DENIES in part, as specified below,
Plaintiff's Motion for Service of Process (Dkt. No.3); and DISMISSES certain complaints and
defendants from the action for failure to state a claim for which relief can be granted.
Specifically, the Court:
(1)

DISMISSES Plaintiffs fourth claim, "Count IV," alleging a violation of Miranda
v. Arizona, 384 U.S. 436 (1966).

(2)

DISMISSES Plaintiffs fifth claim, "Count V," alleging "Civil Rights Violated."

(3)

DISMISSES Plaintiff's seventh claim, "Count VII," titled "Resisting Unlawful
Arrest."

(4)

DISMISSES Plaintiffs attempt to incorporate the Sixth Amendment claim from
a case presently before the Court: Williams et al., v. Weber County, et al., (1: 11­
cv-00021).

(5)

DISMISSES Defendants 1-4, Weber County, Craig Dearden, Jan Zogmaister, and
Kerry Gibson.
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(6)

DISMISSES Defendant 5, Dee Smith, Weber County Attorney.

(7)

DISMISSES Defendants 1-6, Caitlin Gochnour, Neil Garner, Amy Wicks, Bart
Blair, Brandon Stephenson, Doug Stephens, and Susie Von Hooser.

(8)

DISMISSES Defendants 13-24 in their official capacities, Timothy Scott, K.
Murray, John Doe Officer #1, Terry Thompson, Kevin McCleod, Kevin Burton,
R. West, R. Johnson, R. Gates, A. Flatt, Jon Greiner, and Jon Doe Officer #2.

(9)

DISMISSES Defendant 25, James Retallick.

(10) ORDERS the remaining Defendants (Defendants 13-24, in their individual
capacities) be served with process as to the remaining claims, once the Complaint
is appropriately amended.
IT IS SO ORDERED.

DATED this

I~~f July, 2012.
"" '--U-

;1 ~G
J-

Dee'sJnson
United States District Judge

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