Abdelrahim v. Conklin et al
Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 12 Motion to Dismiss for Failure to State a Claim Case Closed ; granting 15 Motion to Dismiss ; adopting Report and Recommendations re 27 Report and Recommendations. Case Closed. Signed by Judge Clark Waddoups on 02/14/2012. (asp)
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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION
ALLAELDIN DAWELBAIT
ABDELRAHIM,
ORDER ADOPTING REPORT AND
RECOMMENDATION
Plaintiff,
vs.
Case No. 1:11-cv-0069 CW
CATHERINE CONKLIN et al.,
District Judge Clark Waddoups
Defendants.
Magistrate Judge David Nuffer
This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate David Nuffer under 28 U.S.C. § 636(b)(1)(B). On November,
30, 2011, Judge Nuffer issued a Report and Recommendation, recommending that the defendants’
motions to dismiss be granted.1 Plaintiff Allaeldin Dawelbait Abdelrahim filed a timely objection
to the Report and Recommendation on December 13, 2011. After having reviewed the file de novo,
the court hereby APPROVES AND ADOPTS the Magistrate Judge’s Report and Recommendation
on the basis of immunity and one defendant not being subject to suit under Section 1983. Because
the court adopts the Report and Recommendation on these grounds, it does not reach whether the
case also should be dismissed based on the Younger doctrine. This case is hereby dismissed and
each party shall bear his, her, or its own costs.
1
Two motions to dismiss were filed in this action. Plaintiff’s complaint lists the name of
one defendant as the “Court Security Staff.” The summons lists the defendant as the “Court
Sheriff.” Because the Weber County Sheriff’s Office provides the court with security and the
complaint did not name an individual, the Weber County Sheriff’s Office filed a motion to
dismiss. The other motion to dismiss was filed by Defendants Judge Ernie Jones, Commissioner
Catherine Conklin, and Second District Court Clerks Suzan Stever and Paty Dixon who are
alternatively listed as Susan Stever and Patty Dixon.
SO ORDERED this 14th day of February, 2012.
BY THE COURT:
____________________________________
Clark Waddoups
United States District Judge
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