McEntire v. Selander et al
Filing
2
MEMORANDUM DECISION AND ORDER ADOPTING 1 REPORT AND RECOMMENDATIONS, dismissing matter without prejudice - CASE CLOSED. Signed by Judge David Nuffer on 9/9/15 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
KELLY S. MCENTIRE,
Plaintiff,
MEMORANDUM DECISION AND
ORDER ADOPTING THE REPORT AND
RECOMMENDATION
v.
Case No. 2:15-cv-247-RJS-EJF
JAMES SELANDER, et al.,
Chief District Judge David Nuffer
Defendants.
Filing restrictions were imposed on Plaintiff Kelly S. McEntire by previous order of this
court. 1 Pursuant to those restrictions,
1.
The Clerk of the Court will collect any new civil complaint filed by Mr.
McEntire in this Court and forward it to a magistrate judge for review.
2.
The magistrate judge will then review the complaint to determine whether
it has merit and should be filed, or whether it lacks merit, duplicates prior filings,
or is frivolous.
3.
If the magistrate judge determines the complaint lacks merit, duplicates
prior filings, or is frivolous, the magistrate judge will forward the complaint to the
Chief District Judge for further review.
4.
If on review the Chief District Judge determines the complaint has merit,
the complaint will be filed. 2
In this case, the Clerk of the Court filed this case, assigned a judge and a case number
without forwarding it to a magistrate judge for proper review. Despite this oversight, the court
has adhered to the rest of the restricted filing procedure and forwarded the complaint to a
magistrate judge for review.
1
McEntire v. Newman, No. 2:13-cv-362 DN-EJF, 2013 WL 6328696 (D. Utah Dec. 5, 2013) (order adopting report
and recommendation with filing restrictions).
2
Id. at *4-5.
Magistrate Judge Evelyn Furse prepared a Report and Recommendation (R & R) 3 finding
that “Mr. McEntire’s claims lack merit, duplicate prior filings, and are frivolous and
RECOMMENDS the Chief District Judge close this case, consistent with the order from Mr.
McEntire’s prior case.” 4 The R & R provided notice that parties could file an objection within 14
days. 5 No objection was filed.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The analysis
and conclusion of the magistrate judge are correct and the Report and Recommendation will be
adopted.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED this and
the above-captioned matter is DISMISSED without prejudice. The clerk is directed to close this
case.
Signed September 9, 2015.
BY THE COURT
________________________________________
Chief District Judge David Nuffer
3
Report and Recommendation (R & R), docket no. 1, filed August 14, 2015.
4
Id. at 1-2 (citing filing restrictions in McEntire, 2013 WL 6328696).
5
Id. at 2.
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?