Lopez v. USA

Filing 16

ORDER ADOPTING 15 Report and Recommendations. Plaintiff's Complaint 13 is DISMISSED for lack of subject matter jurisdiction. Signed by Judge Bruce S. Jenkins on 11/18/2022. (kpf)

FILED
2022 NOV 18 AM 11:11
CLERK
U.S. DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
JERRY EARNEST LOPEZ,
Plaintiff,

ORDER ADOPTING
RECOMMENDATION AND
DISMISSING CASE

v.

Case No. 2:22-cv-00479-BSJ

UNITED STATES OF AMERICA,

District Judge Bruce S. Jenkins

Defendant.

Magistrate Judge Jared C. Bennett

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Jared C. Bennett on November 1, 2022, recommending this action be dismissed on sua
sponte review pursuant to 28 U.S.C. § 1915.
The parties were notified of their right to file objections to the Report and Recommendation
within fourteen days of service. 1 Neither party has filed any objection.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge's Report and Recommendation, the court adopts the recommendation, finding Plaintiff
failed to properly allege subject-matter jurisdiction. Plaintiffs First Amended Complaint fails to
allege any waiver of sovereign immunity on the part of the United States. 2 Accordingly, this action
must be dismissed for lack of subject-matter jurisdiction.

1

See R. & R. (ECF No. 14).

2

See First Am. Compl. (ECF No. 13).

Further, the court notes that Plaintiff was warned of his failure to allege waiver of sovereign
immunity when the Magistrate Judge previously ordered him to amend his Complaint. 3 Thus,
Plaintiff has twice failed to allege any waiver of sovereign immunity: once at the outset of the case
and a second when he amended, notwithstanding the Magistrate Judge's warning. Therefore, the
court also agrees with the Magistrate Judge's suggestion that leave for further amendment would
be futile.
ORDER
Based on the foregoing, the court ADOPTS the Report and Recommendation and
DISMISSES Plaintiffs Complaint for lack of subject matter jurisdiction.

,-&-'
DATED this_/_%:_ day of November 2022.

~

3

See Mem. Decision Order Am. Compl. (ECF No. 12)
2

4821-8584-0232vl