Domai v. Lepire

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS as to 3 Complaint: this action is dismissed. Signed by Judge David Nuffer on 8/4/17 (alt)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION GUY M. DOMAI, Plaintiff, v. MEMORANDUM DECISION AND ORDER ACCEPTING [5] REPORT AND RECOMMENDATION TO DISMISS COMPLAINT Case No. 2:17-cv-00461-DN-BCW LISA LEPIRE, Defendant. District Judge David Nuffer Plaintiff Guy M. Domai (“Plaintiff’) sued defendant Lisa Lepire (“Defendant”) in her capacity as Human Resources Manager at American Express Travel Services (the “Complaint”). 1 Plaintiff, proceeding pro se, was allowed to proceed in forma pauperis. 2 On May 31, 2017, this action was referred to Magistrate Judge Brooke Wells by District Judge David Nuffer pursuant to 28 U.S.C. § 636(b)(1)(B). 3 The Report and Recommendation issued by Judge Wells on June 28, 2017, 4 recommended sua sponte that the Complaint be dismissed. The parties were notified of their right to file objections to the Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b). 5 The Report and Recommendation notified the parties that any objection to the Report and Recommendation was required to be filed within 14 days of receiving it. 6 As of the date of this Memorandum Decision 1 Complaint, docket no. 3, filed May 26, 2017. 2 Order Granting Motion for Leave to Proceed Without Prepayment of Fees, docket no. 2, filed May 26, 2017. 3 Docket Text Order Referring Case, docket no. 4, filed May 31, 2017. 4 Docket no. 5. 5 Report and Recommendation at 4, docket no. 5. 6 Id. and Order, there are no objections to the Report and Recommendation. The Report and Recommendation mailed to Plaintiffs was returned to the court on July 14, 2017 as undeliverable. 7 Plaintiff has a duty to keep contact information with the court current. 8 The time for objecting has passed. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b)(3), de novo review of all materials—including the Complaint, the record that was before the magistrate judge, and the reasoning set forth in the Report and Recommendation—has been completed. Under the federal in forma pauperis statute, the court shall, at any time, sua sponte dismiss a case if the court determines a complaint is frivolous, malicious, or fails to state a claim upon which relief can be granted. 9 Judge Wells reviewed the Complaint under this statute and found that the Complaint is futile because it is barred by the applicable statute of limitations. 10 Based on this analysis and conclusion, the Report and Recommendation is accepted. ORDER THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation 11 is ACCEPTED. IT IS FURTHER ORDERED that this action is DISMISSED. 7 Docket no. 6. 8 Hastings v. Sevison, No. 2:08CV235DAK, 2009 WL 790010, at *1 (D. Utah Mar. 24, 2009). 9 28 U.S.C. § 1915(e)(2)(B)(i-ii). 10 Report and Recommendation at 3, docket no. 5. 11 Id. 2 The Clerk is directed to close the case. Dated August 4, 2017. BY THE COURT: ____________________________ David Nuffer United States District Judge 3

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