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)

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