Hawkins v. Ghiz et al

Filing 62

MEMORANDUM DECISION denying 49 Motion for Leave to File; adopting Report and Recommendations re 61 Report and Recommendations. As a result of the denial of Plaintiffs Motion, the court no longer has jurisdiction over this case. The clerk is directed to close the case. Signed by Judge David Barlow on 03/15/2021. (jl)

Case 2:18-cv-00466-DBB Document 62 Filed 03/15/21 PageID.376 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
ANTHONY BRIAN HAWKINS,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING [61] REPORT AND
RECOMMENDATION

v.

Case No. 2:18-cv-00466-DBB-JCB

ADAM F. GHIZ, et al.,

District Judge David Barlow

Defendant.

Magistrate Judge Jared C. Bennett.

The Report and Recommendation 1 issued by United States Magistrate Judge Jared C.
Bennett on February 25, 2021 recommends that Plaintiff’s Motion for Leave to File an Amended
Complaint 2 be denied. 3 Magistrate Judge Bennett recommended this course of action because he
concluded that Plaintiff’s proposed excessive force claims are futile because they are subject to
dismissal. 4 Furthermore, Plaintiff’s proposed state-law claims are likewise futile because
exercising supplemental jurisdiction over them is not proper in the absence of any viable federal
claims. 5
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. P.
72. 6 No party filed an objection.

1

Report and Recommendation, ECF No. 61, filed February 25, 2021.

2

Motion for Leave to File Amended Complaint, ECF No. 49, filed September 25, 2020,

3

Report and Recommendation at 13.

4

Id. at 8.

5

Id.

6

Id. at 14.

Case 2:18-cv-00466-DBB Document 62 Filed 03/15/21 PageID.377 Page 2 of 2

Because no party filed a written objection to the Report and Recommendation by the
specified deadline, and because the analysis and conclusion of the Magistrate Judge are sound,
the Report and Recommendation of Magistrate Judge Bennett is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 7 is ADOPTED.
Plaintiff’s Motion for Leave to File an Amended Complaint 8 is DENIED.
As a result of the denial of Plaintiff’s Motion, the court no longer has jurisdiction over
this case. The clerk is directed to close the case.
Signed March 15, 2021.
BY THE COURT
________________________________________
David Barlow
United States District Judge

7

Report and Recommendation, ECF No. 61, filed February 25, 2021.

8

Motion for Leave to File Amended Complaint, ECF No. 49, filed September 25, 2020,

2