Webb v. Swensen et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 3 Complaint, filed by David Webb ; denying 4 Motion to Appoint Counsel ; denying 5 Motion for Service of Process. See order for details. Signed by Judge Dee Benson on 2/27/15. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DAVID WEBB,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
ELIJAH SWENSEN, TRAVIS KEARL,
ALICIA MARIE WASHINGTON, TWO
JOHN DOES, and MICHAEL ASHMENT
(OGDEN CITY CHIEF OF POLICE),

Case No. 1:14-CV-148
District Judge Dee Benson

Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Dustin B. Pead on January 30, 2015, recommending that this court dismiss Plaintiff’s
complaint under 28 U.S.C. § 1915(e)(2), deny Plaintiff’s motion for service of process, and deny
Plaintiff’s motion to appoint counsel. (Dkt. No. 8.) The parties were notified of their right to
file objections to the Report and Recommendation within fourteen (14) days after receiving it.
On February 9, 2015, Plaintiff David Webb filed a document titled “Pro Se Plaintiff’s Objections
to R&R Dated 30 January 2015.” (Dkt. No. 10.)
Having reviewed all relevant materials, including Plaintiff’s objection, and the reasoning
set forth in the magistrate judge’s Report and Recommendation, the court ADOPTS the Report
and Recommendation. Accordingly, the Court hereby:
(1) DISMISSES without prejudice Plaintiff’s complaint under 28 U.S.C. § 1915(e)(2) (Dkt.
No. 3);

(2) DENIES without prejudice Plaintiff’s motion for service of process (Dkt. No. 5.); and

(3) DENIES without prejudice Plaintiff’s motion to appoint counsel. (Dkt. No. 4.)
IT IS SO ORDERED
DATED this 27th day of February, 2015.

__________________________________
Dee Benson
United States District Court Judge

2