Chon v. USA et al

Filing 28

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS as to 4 Complaint. Signed by Judge Dee Benson on 10/7/2016. (blh)

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

TAE H. CHON,
Plaintiff,

ORDER ADOPTING
REPORT AND
RECOMMENDATION

vs.

USA, et al.,

Case No. 2:16-cv-187 BCW-DB

Defendants.

Judge Dee Benson

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Brooke C. Wells on August 29, 2016, recommending that Plaintiff’s Complaint be
dismissed, without prejudice, and that the Court provide Plaintiff with 30 days from the date of
this Order to cure the deficiencies outlined in the Report and Recommendation.
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

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Recommendation and and DISMISSES Plaintiff’s Complaint, without prejudice. Plaintiff shall
have 30 days from the date of this Order to cure the jurisdictional deficiencies set forth above
and outlined in the Report and Recommendation. If Plaintiff fails to timely cure these
deficiencies within 30 days the action shall be dismissed.
The Court notes that on October 4, 2016, prior to the date of this Order, and therefore
prior to this Court adopting the Report and Recommendation, the Plaintiff filed an Amended
Complaint. (Dkt. No. 27.) The Court assumes that this Amended Complaint was filed in an
attempt to comply with the instructions set forth in the Report and Recommendation which are
now adopted by this Order.
However, exercising an abundance of caution, the Plaintiff shall continue to have 30 days
from the date of this Order so that Plaintiff has a complete and fair opportunity to correct or cure
any deficiencies. Upon expiration of the 30 days, the Court shall once again review either the
October 4, 2016 Amended Complaint, or any subsequently filed amended complaint, to
determine whether the Plaintiff’s Complaint is sufficient to proceed.
IT IS SO ORDERED.
DATED this 7th day of October, 2016.

_________________________________
Dee Benson
United States District Judge

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