Webb v. State of Utah et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 . The Recommendation 23 is ADOPTED IN FULL. The 16 second amended complaint is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. Signed by Judge Jill N. Parrish on 10/18/16. (jlw)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

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 September 15, 2016, Judge Warner filed a Report and Recommendation in this case.
(Docket 23). Judge Warner recommended that David Webb’s second amended complaint (Docket
16) be dismissed because Mr. Webb failed to resolve the substantive defects discussed in his
prior Report and Recommendation (Docket 10). Those defects include a failure to allege facts
supporting subject matter jurisdiction and a failure to plead enough factual allegations to support
the claims. Because Mr. Webb had an opportunity to amend his complaint, Judge Warner
recommended that the dismissal be with prejudice. On September 28, 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 23) is ADOPTED IN FULL.
2. The second amended complaint is DISMISSED WITH PREJUDICE.

3. The Clerk of Court is directed to close the case.
SO ORDERED October 18, 2016.
BY THE COURT:

________________________________________
JILL N. PARRISH
United States District Judge

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