Broussard v. United States Army Medical Command

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 37 Report and Recommendations. granting 32 Motion to Dismiss for Lack of Jurisdiction ; denying 34 Motion to Continue. Mr. Broussard's claims are dismissed with prejudice, and the Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 3/10/2015. (las)

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

DWIGHT O. BROUSSARD,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
UNITED STATES ARMY MEDICAL
COMMAND,
Defendant.

Case No. 2:13-CV-00054
Judge Robert J. Shelby

This case has been referred to Magistrate Judge Brooke Wells pursuant to 28 U.S.C. §
626(b)(1)(B). Plaintiff Dwight O. Broussard brought suit for violations of his civil rights and
alleged medical malpractice, stemming from medical treatment he received as a member of the
National Guard. Defendant moved to dismiss for lack of subject-matter jurisdiction under
Federal Rule of Civil Procedure 12(b)(1), and Mr. Broussard moved to continue. (Dkt. Nos. 32,
34.)
Judge Wells issued a Report & Recommendation on February 18, 2015. (Dkt. 37.) Judge
Wells recommended the court grant the Government’s Motion to Dismiss and deny Mr.
Broussard’s Motion to Continue. Neither party submitted an objection to the Report &
Recommendation within the allotted time frame.1 In the absence of an objection, the court may
apply a “clearly erroneous” standard. Under this standard, the court “will affirm the Magistrate

1

Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b).

Judge’s ruling unless [the court] . . . is left with the definite and firm conviction that a mistake
has been committed.”2
After reviewing the briefing, record, and relevant legal authorities, the court concludes
that Judge Wells did not err in her analysis. The court therefore ADOPTS the Recommendation,
GRANTS the Government’s Motion to Dismiss (Dkt. 32), and DENIES Mr. Broussard’s Motion
to Continue. (Dkt. 34.) Mr. Broussard’s claims are dismissed with prejudice, and the Clerk of
Court is directed to close the case.
SO ORDERED this 10th day of March, 2015.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

2

Thompson v. Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (internal quotation marks and citations
omitted).