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)

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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

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