Oliver v. Nielson et al

Filing 16

ORDER ADOPTING IN FULL 13 REPORT AND RECOMMENDATIONS granting in part and denying in part 7 Motion for Judgment on the Pleadings. All claims against Davis County Jail, Davis County Sheriff's Office, Davis County, and Sheriff Richardson are dismissed. The First Cause of Action against Deputy Peters and Deputy Fielding is dismissed. Plaintiff's Third Cause of Action for injunctive relief is dismissed. Plaintiff shall file his Second Amended Complaint with the addition of 42 U.S.C. § 1983 to the Second Cause of Action within 30 days of the date of this Order. Signed by Judge Jill N. Parrish on 7/31/2017. (eat)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH D. BRUCE OLIVER, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, Case No. 1:16-cv-155-JNP-BCW v. District Judge Jill N. Parrish Magistrate Judge Brooke C. Wells DEPUTY LARRY G. NIELSON, et al., Defendants. Pro se Plaintiff D. Bruce Oliver brought this action in Utah state court on June 27, 2016. Defendants filed a Notice of Removal on October 28, 2016. (Dkt. 2). The court referred this matter to Magistrate Judge Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkts. 5–6). Defendants filed their Rule 12(c) Motion for Judgment on the Pleadings on February 9, 2017. (Dkt. 7). On June 8, 2017, Judge Wells filed a Report and Recommendation. (Dkt. 13). Judge Wells’s Report and Recommendation provided that any objection to her recommendation was to be filed with the court within fourteen days of service. The time to object has now expired and the court has received no objections to the Report and Recommendation. Based on the court’s de novo review of the record, the relevant legal authorities, and Judge Wells’s Report and Recommendation, the court concludes that the Report and Recommendation is a correct application of the law and the facts. Accordingly, the court ORDERS that the Report and Recommendation (Dkt. 13) is ADOPTED IN FULL. SO ORDERED this 31st day of July, 2017. BY THE COURT: ________________________________________ JILL N. PARRISH United States District Judge 2

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