Sevier v. Thompson et al

Filing 123

MEMORANDUM DECISION AND ORDER ADOPTING 109 REPORT AND RECOMMENDATIONS to deny as futile 93 Motion to Amend/Correct Complaint and dismiss case without prejudice for lack of standing. Signed by Judge David Nuffer on 3/16/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
CHRIS SEVIER, JOHN GUNTER JR., and
WHITNEY KOHL,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiffs,
v.

Case No. 2:16-cv-00659-DN

BRYAN E. THOMPSON, in his official
capacity as Clerk of Utah County; GARY R.
HERBERT, in his official capacity as
Governor of Utah; and SEAN REYES, in his
official capacity as Attorney General of Utah,

District Judge David Nuffer

Defendants.

The Report and Recommendation issued by United States Magistrate Judge Furse on
January 26, 2018 recommends Plaintiffs’ Amended Complaint1 be dismissed for lack of standing
and the Motion to Amend2 be denied as futile for the same reasons.3
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. On February 8, 2018, Plaintiffs filed a Motion for Extension of Time.4 The Plaintiffs’
Motion for Extension of Time was granted and the deadline to file objections to Magistrate
Judge Furse’s Report and Recommendation was extended to February 20, 2018.5 No party filed a

1

Second Amended Complaint for Injunctive Relief, docket no. 46, filed May 2, 2017.

2

Docket no. 93, filed December 12, 2017.

3

Report and Recommendation RE: Defendants’ Motion to Dismiss, docket no. 109, filed January 26, 2018.

4

Docket no. 113, filed February 8, 2018.

5

Order Granting Motion for Additional Time to File, docket no. 115, filed February 12, 2018.

written objection to the Report and Recommendation by the deadline. On February 26, 2018,
Plaintiffs John Gunter, Jr. and Whitney Kohl filed objections. 6 These objections are untimely and
will not be considered. Therefore, the analysis and conclusion of the Magistrate Judge are
accepted and the Report and Recommendation7 is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 8 is ADOPTED and
this case is DISMISSED without prejudice.
The Clerk is directed to close the case.
Dated March 16, 2018.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

Plaintiff Gunter’s Motion to Overrule the Magistrate’s Report and Recommendation, docket no. 118, filed
February 26, 2018. Plaintiff Kohl’s Motion to Overrule the Magistrate’s Report and Recommendation, docket no.
119, filed February 26, 2018.
6

7

Docket no. 109, filed January 26, 2018.

8

Id.

2