Sapp-Smith v. Wasatch Property Management et al

Filing 21

MEMORANDUM DECISION AND ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS and granting Defendant's 13 Motion to Dismiss for Failure to State a Claim. Plaintiff's Complaint is dismissed with prejudice for failure to state a claim upon which relief can be granted. Signed by Judge Dale A. Kimball on 3/1/2019. (eat)

______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

MELISSA SAPP-SMITH,
Plaintiff,
vs.
WASATCH PROPERTY
MANAGEMENT, et al.,

MEMORANDUM DECISION
AND ORDER ADOPTING REPORT
AND RECOMMENDATION
Case No. 2:18CV413-DAK-BCW
Judge Dale A. Kimball

Defendant.

This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B).
On February 6, 2019, Magistrate Judge Wells issued a Report and Recommendation,
recommending that Defendants’ Motion to Dismiss, pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure, be granted and that Plaintiff’s Complaint be dismissed with prejudice
for failure to state a claim upon which relief can be granted. The Report and Recommendation
notified Plaintiff that any objection to the Report and Recommendation was required to be filed
within fourteen days of receiving it. As of the date of this Order, Plaintiff has not filed an
objection and the time for doing so has passed.
A Magistrate Judge’s Report and Recommendation is subject to de novo review by this
court. See 28 U.S.C. § 636(b)(1)(B); see also Fed. R. Civ. P. 72(b). The court has reviewed the
Report and Recommendation and the record de novo. The court agrees with Magistrate Judge
Wells’ recommendation to dismiss the case for failure to state a claim upon which relief can be

granted. The court construes pro se filings liberally. See Hall v. Bellmon, 935 F.2d 1106, 1110
(10th Cir. 1991). However, Plaintiff has not alleged actionable federal claims or facts to support
such claims.
Accordingly, the court adopts and affirms Magistrate Judge Wells’ Report and
Recommendation in its entirety. The court grants Defendant’s Motion to Dismiss [Docket No.
13] and Plaintiff’s Complaint is dismissed with prejudice for failure to state a claim upon which
relief can be granted.
DATED this 1st day of March, 2019.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

2