Webb v. Swensen et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; finding as moot 12 Motion in Accordance with FRCP Rule; finding as moot 14 Motion in Accordance with FRCP Rule; denying 18 Motion to Recuse ; denying 25 Motion for Leave to File; denying 27 Motion for Recusal ; adopting Report and Recommendations re 30 Report and Recommendations. Signed by Judge Dee Benson on 3/22/16. (jlw)

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

ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
ELIJAH SWENSEN, TRAVIS KEARL,
ALICIA MARIE WASHINGTON, ANDY
MUELLER, BENJAMIN REINKINS
SOKOLIK, MICHAEL ASHMENT, BRETT
JAY LYMAN, AND CLINT R. DRAKE,

Case No. 1:14-cv-00148-DB-DBP
District Judge Dee Benson
Magistrate Judge Dustin B. Pead

Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Dustin B. Pead on February 23, 2016, recommending that this Court: (1) deny Plaintiff’s
various motions for recusal (Dkt. Nos. 18, 20, 27) and (2) deny Plaintiff’s motion to amend his
complaint because the Plaintiff’s proposed amendment is futile (Dkt. No. 25).
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. On March 3, 2016, Plaintiff filed
“Pro Se Plaintiff Webb’s Objections to R&R.” (Dkt. No. 31.) Additionally, on March 4, 2016,
Plaintiff filed “Supplemental Pro Se Plaintiff Webb’s Objections to R&R.” (Dkt. No. 33.)
Having reviewed the Plaintiff’s pro se objections, the record before the Magistrate Judge,
and the reasoning set forth in the Magistrate Judge’s Report and Recommendation, the Court
ADOPTS the Report and Recommendation. Accordingly, the Court hereby ORDERS as follows:
1. Plaintiff’s motions for recusal pursuant to 28 U.S.C. § 455 and 28 U.S.C. § 144 (Dkt.
Nos. 18, 20, 27) are DENIED.

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2. Plaintiff’s motions to amend his complaint (Dkt. Nos. 12, 14) are declared moot.
3. Plaintiff’s second motion to amend his complaint (Dkt. No. 25) is DENIED without
prejudice as it relates to claims against Defendant Officer Swenson and with prejudice
regarding the remaining claims and Defendants.
IS SO ORDERED.
DATED this 22nd day of March 2016.

_________________________________
Dee Benson
United States District Judge

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