Webb v. Washington et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS - as to 4 Motion for Service of Process filed by David Webb, 10 Affidavit filed by David Webb, 5 Motion to Appoint Counsel filed by David Webb. Case Closed. Signed by Judge David Sam on 9/28/15. (jmr)

FILED IN UNITED STATES DISTRICT
COURT, DISTRICT OF UTAH
THE UNITED STATES DISTRICT COURT FOR THE DISTRIC$1iJFUf-'i6'5

CENTRAL DIVISION

av°· M A . r ? K
TYCL RK

**********************************************************
DAVID WEBB,

)
Plaintiff,
vs.

ALICIA MARIE WASHINGTON,
ET AL.,

Case No.

1:14-cv-00174 DS

)
)

ORDER

)
)

Defendants.

**********************************************************
This matter is before the Court on the September 14, 2015 Report and
Recommendation (''R&R") (Doc. #12) by United States Magistrate Judge Dustin B. Pead.
The R&R is incorporated herein by reference. Plaintiff has filed a timely objection to the
R&R.
The Court has conducted a de novo review of the case.

Plaintiff's

lengthy,

rambling and conclusory objections are without merit and are OVERRULED. The well
reasoned R&R is ADOPTED.
IT IS THEREFORE ORDERED:
Plaintiff's request for disqualification (Doc. #10) is DENIED.
All Plaintiff's claims, with the exception of his claims for disparate treatment against
Defendants Washington under the state and federal fair housing acts (Counts Ill and X),
and the vicarious liability claim against EMG Management (Count V), are DISMISSED.
Plaintiff's motion for service of process (Doc. #4) is GRANTED IN PART and
DENIED IN PART. See R&R at 8 ("the United States Marshal shall serve a copy of

Plaintiff's summons and Amended Complaint upon Defendants Alicia Marie Washington
and EMG Management").
And Plaintiff's motion to appoint counsel (Doc. #5) is DENIED without prejudice.
DATED this ~·~ay of ~015.
BY THE COURT:

In ..

/I

.1'

.

v~.~~

DAVID SAM
SENIOR JUDGE
UNITED STATES DISTRICT COURT

2