Chon v. USA et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Before the Court is the Report and Recommendation issued by United States Magistrate Judge Brooke C. Wells on 4/24/2017 38 . The court ADOPTS the Report and Recommendation and Plaintiff'sVerified Amended Complaint 4 is DISMISSED under 28:1915(e)(2)(B) for failure to state a claim upon which relief can be granted. Signed by Judge Dee Benson on 6/20/17. (dla)

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 April 24, 2017, recommending that Plaintiff’s Verified Amended
Complaint be dismissed under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which
relief can be granted.
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. On May 8, Plaintiff Tae H. Chon
filed a motion requesting an extension of time, seeking to have until June 12, 2017 to file his
objections to the Report and Recommendation. On May 10, 2017, the Court granted Plaintiff’s
motion stating “Plaintiff shall file his Objection to the Magistrate’s Report and Recommendation
on or before June 12, 2017.” (Dkt. No. 40.)

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On May 11, 2017, Plaintiff filed his “Objections to Report and Recommendation.” (Dtk.
No. 41.) On May 15, 2017 Plaintiff filed an additional document captioned, “Objections II to
Report and Recommendation.” (Dkt. No. 43.) Finally, on June 14, 2017, Plaintiff filed
“Objections III to Report and Recommendation.” (Dkt. No. 44.)
Having reviewed all relevant materials, including Plaintiff’s series of pro se objections,
the record that was before the magistrate judge, and the reasoning set forth in the magistrate
judge’s Report and Recommendation, the court agrees with the analysis and conclusion of the
magistrate judge.
Accordingly, the court ADOPTS the Report and Recommendation and Plaintiff’s
Verified Amended Complaint is DISMISSED under 28 U.S.C. § 1915(e)(2)(B) for failure to
state a claim upon which relief can be granted.
IT IS SO ORDERED.
DATED this 20th day of June, 2017.

_________________________________
Dee Benson
United States District Judge

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