Domai v. Utah Highway Patrol et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 40 Report and Recommendations.; granting 30 Defendants Motion for Summary Judgment. Mr. Domais Complaint is dismissed with prejudice. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 9/27/2016. (jds)

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

GUY M. DOMAI,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
UTAH HIGHWAY PATROL; TRAVIS
WILLIAMS; and JACOB COX,

Case No. 2:14-cv-00583-RJS-EJF

Defendant.

Judge Robert J. Shelby
Magistrate Judge Evelyn J. Furse

This case was referred to Magistrate Judge Evelyn J. Furse pursuant to 28 U.S.C.
§ 626(b)(1)(B). In his Complaint, Plaintiff Guy Domai alleges that the Defendants, Utah
Highway Patrol, Travis Williams, and Jacob Cox, violated his Fourth Amendment rights.
Specifically, Mr. Domai alleges malicious prosecution under 42 U.S.C. § 1983 in violation of his
Fourth Amendment right against unreasonable search and seizure.1 Defendants’ Motion for
Summary Judgment is now before the court.2
The Magistrate Judge issued a Report and Recommendation on September 8, 2016,
recommending that the court grant Defendants’ Motion for Summary Judgment.3 Neither party
submitted an objection to the Report and Recommendation within the time allotted.4 In the
absence of an objection, the court may apply a “clearly erroneous” standard of review when

1

Dkt. 3.

2

Dkt. 30.

3

Dkt. 40.

4

See FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)–(c) (allowing parties fourteen days to file an objection to a
report and recommendation from a magistrate judge).

1

evaluating a Report and Recommendation. Under this standard, the court “will affirm the
Magistrate Judge’s ruling unless [the court] . . . is left with the definite and firm conviction that a
mistake has been committed.”5
After reviewing the briefing, record, and relevant legal authorities, the court concludes
that the Magistrate Judge did not clearly err in her analysis. The court therefore ADOPTS the
Report and Recommendation and GRANTS Defendants’ Motion for Summary Judgment. (Dkt.
30.) Mr. Domai’s Complaint is dismissed with prejudice.
The Clerk of Court is directed to close the case.
SO ORDERED this 27th day of September, 2016.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

5

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

2