Martinez v. State of Utah et al
Filing
9
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 8 Report and Recommendations ; denying 4 Motion to Appoint Counsel ; denying 5 Motion for Service of Process ; ordering Plaintiff to amend his complaint to clearly identify all intended Defendants in both the complaint caption, and within the body of the complaint no later than fourteen (14) days following the date of this Order. Signed by Judge Dee Benson on 10/22/2013. (asp)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
WALTER A. MARTINEZ,
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION
vs.
STATE OF UTAH,
Case No. 2:13-CV-704
Defendant.
Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Dustin B. Pead, recommending (1) that plaintiff’s motions be denied without prejudice
and (2) that plaintiff be ordered to amend his complaint.
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
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. Accordingly, the Court hereby orders as follows.
Plaintiff’s motion to appoint counsel is DENIED without prejudice. Plaintiff’s motion
for service of process is DENIED without prejudice.
In addition, the Court ORDERS Plaintiff to amend his complaint to clearly identify all
intended Defendants in both the complaint caption, and within the body of the complaint. The
amended complaint should specify the exact dates, places, and conviction statutes relating to: (1)
Plaintiff’s 1975 conviction; (2) the conviction leading to Plaintiff’s ten year inclusion on the sex
offender registry; and (3) any convictions resulting from the offenses described on the
Kidnap/Sex Offender Registration Offender Information form. In accord with the magistrate
judge’s recommendation, Plaintiff’s amended complaint must be filed no later than fourteen (14)
days following the date of this Order.
IT IS SO ORDERED.
DATED this 22nd day of October, 2013.
_________________________________
Dee Benson
United States District Judge
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