Webb v. State of Utah et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 10 Report and Recommendations is adopted in full; 4 Complaint is dismissed; 8 Motion to Amend/Correct is denied. Mr. Webb has 21 days to file an amended complaint, without naming any additional defendants, to correct the jurisdiction and other defects. Signed by Judge Jill N. Parrish on 5/27/2016. (eat)

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

DAVID WEBB,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:16-cv-00017-JNP-PMW
STATE OF UTAH et al.,
Judge Jill N. Parrish
Defendant.

On May 5, 2016, Judge Warner filed a Report & Recommendation in this case. (Docket
10). Judge Warner’s recommendation was that Mr. Webb’s complaint be dismissed because it
failed “to allege a basis for [this court’s] jurisdiction or to state a claim on which relief may be
granted.” Judge Warner also recommended that Mr. Webb’s “Motion to Amend Complaint by
Adding Defendants” be denied. (Docket 8). Finally, Judge Warner recommended that Mr. Webb
be given 21 days to amend the substance of his complaint, without adding any new defendants,
in order to cure the defects. On May 18, 2016, Mr. Webb filed an Objection to the Report and
Recommendation. (Docket 12).
Based on the court’s de novo review of the record, the relevant legal authorities, Judge
Warner’s Report and Recommendation, and Mr. Webb’s Objection, the court concludes that the

Report and Recommendation is a correct application of the law and the facts. Accordingly, the
court ORDERS as follows:
1. The Recommendation (Docket 10) is ADOPTED IN FULL.
2. The complaint is DISMISSED.
3. The Motion to Amend Complaint by Adding Defendants (Docket 8) is DENIED.
4. Mr. Webb has 21 days to file an amended complaint, without naming any additional
defendants, to correct the jurisdiction and other defects.
SO ORDERED May 27, 2016.
BY THE COURT:

________________________________________
JILL N. PARRISH
United States District Judge

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