Khan v. USA

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS to dismiss 3 Complaint with prejudice. Signed by Judge David Nuffer on 8/4/17 (alt)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DIVISION NASRULLA KHAN, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, v. Case No. 1:17-cv-00038 UNITED STATES OF AMERICA, District Judge David Nuffer Defendant. The Report and Recommendation 1 issued by United States Magistrate Judge Wells on May 30, 2017, recommends that “Plaintiff’s Complaint be dismissed.” 2 The parties were notified of their right to file objections to the Report and Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. Plaintiff filed an objection (Objection) to the Report and Recommendation. 3 Having reviewed de novo all relevant materials, 4 the magistrate’s Report and Recommendation is correct and will be adopted. The plaintiff’s Objection and the proposed amended complaint he attaches to the Objection 5 fail to remedy the deficiencies identified in the Report and Recommendation. The changes in the proposed amended complaint are superficial and the proposed amended complaint still fails to state a claim for relief. Therefore, 1 Docket no. 5, filed May 30, 2017. 2 Id. at 4. 3 Plaintiff’s Objection to the Court’s Report and Recommendation (Objection), docket no. 6, filed June 13, 2017. 4 See 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b)(3). 5 First Amended Civil Claims Complaint, docket no. 6-1, filed June 13, 2017. IT IS HEREBY ORDERED that the Report and Recommendation 6 is ADOPTED. Plaintiff’s complaint is DISMISSED WITH PREJUDICE. The Clerk shall close the case. Signed August 4, 2017. BY THE COURT ________________________________________ District Judge David Nuffer 6 Docket no. 5, filed May 30, 2017. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?