Davis v. Vilsack et al

Filing 7

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS as to 3 Complaint. Signed by Judge Dee Benson on 10/7/2016. (blh)

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

SHARON DAVIS,
Plaintiff,

ORDER ADOPTING
REPORT AND
RECOMMENDATION

vs.

TOM VILSACK, et al.,

Case No. 2:16-cv-907 DB-BCW

Defendants.

Judge Dee Benson

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Brooke C. Wells on September 12, 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. Specifically,
Plaintiff’s failure to plead personal jurisdiction or venue in this district.
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

1

Magistrate Judge’s Report and Recommendation, the Court ADOPTS the Report and
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.
IT IS SO ORDERED.
DATED this 7th day of October, 2016.

_________________________________
Dee Benson
United States District Judge

2