Schwenke v. State of Utah et al

Filing 22

MEMORANDUM DECISION AND ORDER ADOPTING 2 REPORT AND RECOMMENDATIONS re granting 9 Motion to Dismiss and denying 17 Motion for Partial Summary Judgment. Amended complaint is dismissed with prejudice as to State Defendants State of Utah, E. Neal Gunnarson, and Mark Shurtleff. Signed by Judge David Nuffer on 11/6/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ALAPATI PAUL SCHWENKE,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING AMENDED
REPORT AND RECOMMENDATION

v.
Case No. 2:17-cv-00833-DN-DBP
STATE OF UTAH, E. NEAL
GUNNARSON, Assistant Attorney General,
MARK SHURTLEFF, Attorney General, and
JAMES YOUNG,

District Judge David Nuffer

Defendants.
The Amended Report and Recommendation 1 issued by United States Magistrate Judge
Dustin B. Pead on October 16, 2017, recommends that (1) Plaintiff’s motion for partial summary
judgment 2 be DENIED; (2) Defendants’ motion to stay response 3 is MOOT; and (3) Defendants’
motion to dismiss 4 be GRANTED.
The parties were notified of their right to file objections to the Amended Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. No party filed a written objection to the Amended Report and Recommendation as
provided by court rules. Therefore, the analysis and conclusion of the Magistrate Judge are
accepted and the Amended Report and Recommendation 5 is adopted in its entirety.

1

Docket no. 21, filed Oct. 16, 2017.

2

Motion and Memorandum for Partial Summary Judgment, docket no. 17, filed Sept. 5, 2017.

3

Motion to Stay Response to Plaintiff’s Motion for Partial Summary Judgment, docket no. 19, filed Sept. 26, 2017.

4

Motion to Dismiss and Memorandum in Support, docket no. 9, filed July 31, 2017.

5

Docket no. 21, filed Oct. 16, 2017.

ORDER
IT IS HEREBY ORDERED that:
(1)

the Amended Report and Recommendation 6 is ADOPTED in its entirety;

(2)

Plaintiff’s motion for partial summary judgment 7 is DENIED;

(3)

Defendants’ motion to stay response 8 is MOOT;

(4)

Defendants’ motion to dismiss 9 is GRANTED; and

(5)

Plaintiff’s amended complaint 10 is DISMISSED with prejudice as to Defendants

State of Utah, E. Neal Gunnarson, and Mark Shurtleff.
Signed November 6, 2017.
BY THE COURT

________________________________________
District Judge David Nuffer

6

Id.

7

Motion and Memorandum for Partial Summary Judgment, docket no. 17, filed Sept. 5, 2017.

8

Motion to Stay Response to Plaintiff’s Motion for Partial Summary Judgment, docket no. 19, filed Sept. 26, 2017.

9

Motion to Dismiss and Memorandum in Support, docket no. 9, filed July 31, 2017.

10

Amended Petition for Freedom and Damages, docket no. 16-5, filed Sept. 5, 2017.

2