Barela v. Ehrler

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 3 Complaint filed by Vincent Paul Barela, 9 Report and Recommendations. Case Closed. Signed by Judge Robert J. Shelby on 7/19/2016. (jds)

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

VINCENT P. BARELA,
Plaintiff,
v.

ORDER ADOPTING REPORT &
RECOMMENDATION AND
DISMISSING CASE
Case No. 2:15-CV-00359-RJS-EJF

GABBIE EHRLER,

Judge Robert J. Shelby
Defendant.

Magistrate Judge Evelyn J. Furse

Plaintiff Vincent P. Barela, proceeding in forma pauperis, initiated this case by filing a
pro se Complaint against Defendant Gabbie Ehrler of Callaway Apartments Leasing on May 21,
2015.1 Mr. Barela seeks to recover $9,000 in damages from Ms. Erhler for “extortion/fraud.”2
This case was referred to Magistrate Judge Evelyn J. Furse under 28 U.S.C. §
636(b)(1)(B) on August 11, 2015.3 On June 29, 2016, Judge Furse filed a Report and
Recommendation in which she recommended that this court dismiss Mr. Barela’s Complaint
without prejudice because he has failed to demonstrate any basis upon which the court could
exercise subject matter jurisdiction.4 Pursuant to 28 U.S.C. § 636(b) and Rule 72(b)(2), Federal
Rules of Civil Procedure, Judge Furse’s Recommendation provided that any Objection to it must
be filed within fourteen (14) days of service.5 To date, neither party has filed an Objection.

1

Dkt. 3.

2

Id.

3

Dkt. 5.

4

Dkt. 9.

5

Id. at 3.

Having reviewed all the relevant materials, including Mr. Barela’s Complaint and the
reasoning set forth in Judge Furse’s Report and Recommendation, the court ADOPTS the Report
and Recommendation and hereby DISMISSES Plaintiff’s Complaint. The Clerk of Court is
directed to close this case.
SO ORDERED this 19th day of July, 2016.
BY THE COURT:

________________________________________
ROBERT J. SHELBY
United States District Judge

2