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)

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,....---­