Olola v. Third District Court Utah

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION re 29 Report and Recommendation as to 4 Original Complaint filed by Julius Olola, 5 Second/Amended Complaint filed by Julius Olola. Plaintiff's Original Complaint (Dkt. No. 4) i s dismissed for lack of subject matter jurisdiction. Plaintiff's claim of a Miranda violation contained in the Second Complaint (Dkt. No. 5) is dismissed for failure to state a claim upon which relief may be granted. The Court recommits the matter to the Magistrate Judge with instructions. Signed by Judge Dee Benson on 4/4/2018. (blh)

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

JULIUS OLOLA,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.

OFFICER TRACE COX, et al.,

Case No. 2:17-CV-151 DB

Defendants.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Dustin B. Pead on February 22, 2018, recommending Dismissal of Plaintiff’s Original
Complaint (Dkt. No. 4) for lack of subject matter jurisdiction, and with regard to Plaintiff’s
Second Complaint (Dkt. No. 5), recommending only the dismissal of Plaintiff’s claim that
Defendants failed to administer Miranda warnings to Plaintiff.
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen days after receiving it. Neither party has filed such an
objection.

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Having reviewed all relevant materials, including the reasoning set forth in the
Magistrate Judge’s Report and Recommendation, the Court adopts the recommendation of
magistrate judge, and orders as follows:
1. Plaintiff’s Original Complaint (Dkt. No. 4) is dismissed for lack of subject matter
jurisdiction; and
2. Plaintiff’s claim of a Miranda violation, contained in the Second Complaint (Dkt. No.
5), is dismissed for failure to state a claim upon which relief may be granted.
The Court recommits the matter to the Magistrate Judge with instructions, pursuant to 28
U.S.C. § 636, that he consider the remainder of Plaintiff’s case, including Plaintiff’s failure to
comply with the Court’s Order to “file a Notice by March 23, 2018, that contains the WVPD
Defendants’ addresses and/or the addresses of their registered agent(s) or other person(s)
authorized to accept service of process on their behalf.” (Dkt. No. 29, Report and
Recommendation at 12.)
IT IS SO ORDERED.
Dated this 4th day of April, 2018.

__________________________________
Dee Benson
United States District Judge

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