Stephenson v. Federal Bureau of Investigation

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 8 Motion to Dismiss for Failure to State a Claim ; granting 8 Motion to Dismiss Case as Frivolous. Because the case is dismissed without prejudice, Mr. Stephenson mayrequest his file again from the FBI, but when doing so, Mr. Stephenson must comply with the specific steps outlined in Judge Furses report. Signed by Judge Clark Waddoups on 2/8/13. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

PAUL STEPHENSON,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
vs.
Case No. 2:12-cv-0361 CW-EJA
FEDERAL BUREAU OF INVESTIGATION,
District Judge Clark Waddoups
Defendant.
Magistrate Judge Evelyn J. Furse

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Evelyn J. Furse under 28 U.S.C. § 636(b)(1)(B). On
November 2, 2012, Judge Furse issued a Report and Recommendation. In that report, Judge Furse
concluded that Plaintiff Paul Stephenson failed to exhaust administrative remedies, failed to meet
Rule 8 requirements, and stated implausible facts. She therefore recommended that the Federal
Bureau of Investigation’s (“FBI”) Motion to Dismiss be granted without prejudice. Mr. Stephenson
filed an Objection on November 13, 2012, stating he had followed the proper sequence to obtain
information from his alleged FBI file.
In her report, Judge Furse’s outlined the specific steps Mr. Stephenson must follow to
complete his request for information. After having reviewed the file de novo, the court agrees that
Mr. Stephenson’s complaint fails to show he followed those steps. The court also agrees with Judge
Furse’s other conclusion. Accordingly, the court hereby APPROVES AND ADOPTS Judge Furse’s
Report and Recommendation in its entirety.1 The FBI’s Motion to Dismiss is GRANTED
1

Dkt. No. 16.

WITHOUT PREJUDICE.2 Because the case is dismissed without prejudice, Mr. Stephenson may
request his file again from the FBI, but when doing so, Mr. Stephenson must comply with the
specific steps outlined in Judge Furse’s report.
DATED this 8th day of February, 2013.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

2

Docket No. 8.
-2-