Muterspaw v. AT&T et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS Case Closed.; finding as moot 10 Motion to Amend/Correct; finding as moot 16 Motion to Dismiss for Failure to State a Claim Case Closed. Magistrate Judge Dustin B. Pead no longer assig ned to case; finding as moot 20 Motion to Dismiss Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case; finding as moot 27 Motion to Dismiss Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case; finding a s moot 27 Motion for More Definite Statement; finding as moot 28 Motion to Dismiss Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case; adopting Report and Recommendations re 36 Report and Recommendations. Plaintiff's complaint is dismissed for failure to effect proper service, and pursuant to the in forma pauperis statute. Signed by Judge Dee Benson on 6/17/13. (jlw)

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FILED U.S. DISTRICT CaURf IN THE UNITED STATES DISTRICT COURT zon JUN I 8 A In. 11 tV" DISTRICT OF UTAH, CENTRAL DIVISIQl~RICT OF UTAH DEPUTY CLERK DAVID MUTTERS PAW, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, v. Case No. 2:013-cv-00003 AT&T, CRICKET WIRELESS, THE SALT LAKE CITY WEEKLY, SALT LAKE COMMUNITY LIBRARY, SALT LAKE TRIBUNE, SPRINT, BOB TEMPLETON, an individual, and WELLS FARGO, District Judge Dee Benson Defendants. Before the court is the Report and Recommendation issued by United States Magistrate Judge Dustin Pead on May 10,2013 recommending: 1. Plaintiff David Mutterspaw's complaint be DISMISSED for failure to effect proper service, and pursuant to the in forma pauperis statute. 2. As a result of the dismissal, plaintiff's Motion to Amend in order to add an additional defendant (Dkt. No. 10), Defendant Salt Lake Tribune's Motion To Dismiss (Dkt. No. 16), Defendant Cricket Wireless' Motion To Dismiss (Dkt. No. 20), Defendant Wells Fargo's Motion To Dismiss (Dkt. No. 27) and Defendant Wells Fargo's Amended Motion To Dismiss (Dkt. No. 28) be DENIED as MOOT. The parties were notified of their right to file objections to the Report and Recommendation within fourteen (14) days after receiving it. Neither party has filed such an 1 objection. Having reviewed all relevant materials, including the reasoning set forth in the magistrate judge's Report and Recommendation, the court ADOPTS the Report and Recommendation as described above. It is so ordered. DATED this 17th day of June, 2013. BY THE COURT: 2

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