Spruill v. Smith
Filing
28
MEMORANDUM DECISION AND ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS: adopting Report and Recommendations re granting 14 Motion to Amend/Correct, granting without prejudice 21 Motion to Dismiss for Lack of Jurisdiction, and re denying 26 Motion for ruling. Signed by Judge David Nuffer on 10/9/18 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MICHAEL LEE SPRUILL,
Plaintiff,
MEMORANDUM DECISION AND
ORDER ADOPTING REPORT
AND RECOMMENDATION
v.
Case No. 4:18-cv-00027-DN-DBP
FRANKLIN A. SMITH, et al.,
District Judge David Nuffer
Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Dustin B. Pead
on September 17, 2018, recommends that (1) Plaintiff Michael Lee Spruill’s Motion to Submit a
Supplemental Complaint 2 be granted, (2) Defendant Federal Bureau of Investigation’s Motion to
Dismiss Amended Complaint 3 be granted without prejudice, (3) all of Spruill’s claims against
Defendant Franklin A. Smith be dismissed without prejudice for failure to effectuate timely
service, and (4) Spruill’s Motion for Ruling 4 be denied.
The parties were notified of their right to file objections to the Report and Recommendation
within 14 days of its service in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. No party
filed a written objection to the Report and Recommendation. Therefore, the analysis and
conclusion of the Magistrate Judge are accepted, and the Report and Recommendation 5 is
adopted in its entirety.
1
Docket no. 27, filed September 17, 2018.
2
Docket no. 14, filed July 5, 2018.
3
Docket no. 21, filed August 13, 2018; Docket no. 23, filed under seal August 13, 2018.
4
Docket no. 26, filed August 20, 2018.
5
Docket no. 27, filed September 17, 2018.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 6 is ADOPTED.
IT IS FURTHER HEREBY ORDERED that:
Spruill’s Motion to Submit a Supplemental Complaint 7 is GRANTED;
FBI’s Motion to Dismiss Amended Complaint 8 is GRANTED without prejudice;
All of Spruill’s claims against Smith are DISMISSED without prejudice for failure to
effectuate timely service; and
Spruill’s Motion for Ruling 9 is DENIED.
Signed October 9, 2018.
BY THE COURT:
David Nuffer
United States District Judge
6
Id.
7
Docket no. 14, filed July 5, 2018.
8
Docket no. 21, filed August 13, 2018; Docket no. 23, filed under seal August 13, 2018.
9
Docket no. 26, filed August 20, 2018.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?