Schweitzer v. LNU

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 7 Motion to Dismiss for Lack of Jurisdiction ; granting 9 Motion to Dismiss ; granting 13 Motion to Dismiss for Lack of Jurisdiction ; finding as moot 18 Motion to Compel; adopting Report and Recommendations re 24 Report and Recommendations. Signed by Judge Dee Benson on 2/24/14. (jlw)

Download PDF
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION GEORGE L. SCHWEITZER, Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION vs. LNU, et al., Case No. 2:13-CV-179 Defendants. Judge Dee Benson Before the court is the Report and Recommendation issued by United States Magistrate Judge Brooke C. Wells on February 7, 2014, recommending that: (1) Defendant Jon Skelly’s Motion to Dismiss be granted; (2) Defendant Nicholas LaFeber’s Motion to Dismiss for Lack of Subject Matter Jurisdiction be granted; (3) Defendant Karen Erb’s Motion to Dismiss for Lack of Jurisdiction be granted; and (4) Plaintiff’s Motion to Compel Defendant to Provide Competent Medical Treatment be denied or deemed moot based upon the court’s recommendation that the case be dismissed. The parties were notified of their right to file objections to the Report and Recommendation within fourteen (14) days after receiving it. On February 21, 2014, Plaintiff filed a “Memorandum Appeal,” which the court assumes is intended as an objection to the 1 Magistrate Judge’s Report and Recommendation. Having reviewed all relevant materials, including Plaintiff’s “Memorandum Appeal,” and the reasoning set forth in the Magistrate Judge’s Report and Recommendation, the court ADOPTS the Report and Recommendation. Accordingly, the court hereby ORDERS follows: 1. Defendant Jon Skelly’s Motion to Dismiss is GRANTED; 2. Defendant Nicholas LaFeber’s Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED; 3. Defendant Karen Erb’s Motion to Dismiss for Lack of Jurisdiction is GRANTED; 4. Plaintiff’s Motion to Compel Defendant to Provide Competent Medical Treatment is MOOT. DATED this 24th day of February, 2014. _________________________________ Dee Benson United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?