Sussman v. South Salt Lake City et al

Filing 23

MEMORANDUM DECISION AND ORDER Adopting 22 Report and Recommendation: The Report and Recommendation is ADOPTED and this case is DISMISSED with prejudice. All other Pending Motions are MOOT. The Clerk is directed to close the case. Signed by Judge David Nuffer on 9/27/18. (dla)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MICHAEL SUSSMAN,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING [22] REPORT AND
RECOMMENDATION

v.
Case No. 2:17-cv-01012-DN-PMW
SOUTH SALT LAKE CITY, INC.; UTAH
TRANSIT AUTHORITY; UTA POLICE
OFFICER WIHONGI; SHANTEE WELSH;
and SALT LAKE REGIONAL MEDICAL
CENTER,

District Judge David Nuffer

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Paul M.
Warner on September 7, 2018 recommends that this action be dismissed with prejudice under the
authority of the IFP statute, 28 U.S.C. § 1915(e)(2)(B)(ii). 2 Because the Report and
Recommendation recommended dismissal with prejudice, it was further recommended that the
other pending motions in this action 3 be deemed moot. 4
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.

1

Report and Recommendation, docket no. 22, filed September 7, 2018.

2

Id. at 15–16.

3
Plaintiff’s Emergency Ex Parte Motion for Emergency Order to Show Cause and to Compel Attendance to Prevent
Unlawful Plan of All Defendants, docket no. 8, filed September 22, 2017; Defendant South Salt Lake City’s Motion
to Dismiss, docket no. 11, filed October 10, 2017; Plaintiff’s Motion to Move this Case to the Front of the Line,
docket no. 21, filed April 6, 2018.
4

Report and Recommendation at 16.

P. 72. Because copy of the Report and Recommendation was mailed to the Plaintiff, he was
provided an additional three days to file an objection under Fed. R. Civ. P. 6(d).
No party filed a written objection to the Report and Recommendation as provided by
court rules. Therefore, the analysis and conclusion of the Magistrate Judge are accepted and the
Report and Recommendation 5 is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 6 is ADOPTED and
this case is DISMISSED with prejudice. All other Pending Motions 7 are MOOT.
The Clerk is directed to close the case.
Signed September 27, 2018.
BY THE COURT

________________________________________
David Nuffer
United States District Judge

5

Report and Recommendation, docket no. 22, filed September 7, 2018.

6

Report and Recommendation, docket no. 22, filed September 7, 2018.

7

Plaintiff’s Emergency Ex Parte Motion for Emergency Order to Show Cause and to Compel Attendance to Prevent
Unlawful Plan of All Defendants, docket no. 8, filed September 22, 2017; Defendant South Salt Lake City’s Motion
to Dismiss, docket no. 11, filed October 10, 2017; Plaintiff’s Motion to Move this Case to the Front of the Line,
docket no. 21, filed April 6, 2018.

2