Prigge v. Woods Cross Police Department et al

Filing 9

ORDER adopting in part Report and Recommendations re 7 Report and Recommendations. Plaintiff shall have 21 days in which to file her Amended Complaint. Failure to do so will result in dismissal of the case. Signed by Judge Dee Benson on 5/21/15. (jlw)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

DIANE R. PRIGGE,
Plaintiff,

ORDER PARTIALLY ADOPTING
REPORT AND
RECOMMENDATION

vs.

WOODS CROSS POLICE DEPARTMENT,
OFFICER MATTHEWS, DETECTIVE
HOFFMAN, SGT. SANTOS, CHIEF
BUTLER,

Case No. 1:14-CV-87
Judge Dee Benson

Defendants.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Paul M. Warner, recommending (1) that Plaintiff’s complaint be dismissed and (2) that
“Plaintiff be given leave to file an amended complaint that complies with the applicable pleading
requirements within twenty-one days.” (Dkt. No. 7.)
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. Neither party has filed such an
objection.
Having reviewed all relevant materials, including the reasoning set forth in the
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Magistrate Judge’s Report and Recommendation, the court adopts the Report and
Recommendation with a slight adjustment. The court agrees that plaintiff’s complaint, as
presently filed, is insufficient. Accordingly, and in accord with the Magistrate Judge’s
recommendation, the court hereby grants plaintiff leave to file an amended complaint that
complies with the applicable pleading requirements. Plaintiff shall have twenty-one days in
which to file her Amended Complaint. Failure to do so will result in dismissal of this case.
IT IS SO ORDERED.
DATED this 21st day of May, 2015.

_________________________________
Dee Benson
United States District Judge

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