Malmstrom v. State of Utah Department of Children and Families et al

Filing 115

MEMORANDUM DECISION AND ORDER ADOPTING 109 REPORT AND RECOMMENDATIONS to grant 46 Motion to Dismiss for Failure to State a Claim: Crystal Malmstrom's claims against Jacob Smith are dismissed without prejudice. Signed by Judge David Nuffer on 3/6/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, NORTHERN DIVISION
PARKER MALMSTROM and CRYSTAL
MALMSTROM,

MEMORANDUM DECISION AND
ORDER ADOPTING [109] REPORT
AND RECOMMENDATION

Plaintiffs,
v.

Case No. 1:17-cv-80-DN-EJF

STATE OF UTAH DEPARTMENT OF
CHILDREN AND FAMILIES, et al.,

District Judge David Nuffer
Magistrate Judge Evelyn J. Furse

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Evelyn J.
Furse on February 5, 2018 recommends 2 that Plaintiff Crystal Malmstrom’s claims 3 against
Defendant Jacob Smith be dismissed for failure to state a claim.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P.
72. 4 As Plaintiffs were mailed a copy of the Report and Recommendation, they were provided an
additional three days to file their objection under Fed. R. Civ. P. 6(d).

1

Report and Recommendation: Jacob Smith’s Motion to Dismiss (ECF No. 46), docket no. 109, filed February 5,
2018.
2

Report and Recommendation at 7.

3

Pro se Plaintiff Parker Malmstrom filed his Complaint on May 16, 2017. See Complaint, docket no. 1, filed May
17, 2017. He then filed an Amended Complaint on May 16, 2017. See Amended Complaint, docket no. 3, filed May
23, 2017. The Amended Complaint joined his mother, Crystal Malmstrom, as a Plaintiff. See Id. At Oral Argument,
Crystal Malmstrom clarified that she is only bringing claims against Defendant Jacob Smith. See Minute Order,
Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing, docket no. 88, filed September 12, 2017
4

Report and Recommendation at 7–8.

Because no party filed a timely written objection to the Report and Recommendation as
provided by court rules, 5 and because the analysis and conclusion of the Magistrate Judge are
sound, the Report and Recommendation 6 is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 7 is ADOPTED and
Defendant Jacob Smith’s Motion to Dismiss is GRANTED. Plaintiff Crystal Malmstrom’s
claims against Jacob Smith are dismissed without prejudice for failure to state a claim. Because
the claims against all other defendants have been dismissed with prejudice by other orders, 8 upon
the entry of this order, all claims in Plaintiffs’ complaint have been dismissed without prejudice.
The clerk is directed to close the case.
Signed March 6, 2018.
BY THE COURT

________________________________________
David Nuffer
United States District Judge

5

See 28 U.S.C. § 636 and Fed. R. Civ. P. 72

6

Report and Recommendation: Jacob Smith’s Motion to Dismiss (ECF No. 46), docket no. 109, filed February 5,
2018.
7

Report and Recommendation: Jacob Smith’s Motion to Dismiss (ECF No. 46), docket no. 109, filed February 5,
2018.
8

See Memorandum Decision and Order Adopting [102] Report and Recommendation, docket no. 111, filed
February 7, 2018; Memorandum Decision and Order Adopting [103] Report and Recommendation, docket no. 112,
filed February 7, 2018; Memorandum Decision and Order Adopting [104] Report and Recommendation, docket no.
113, filed February 7, 2018; and Memorandum Decision and Order Adopting [105] Report and Recommendation,
docket no. 114, filed February 7, 2018.

2