Spruill v. Smith, No. 4:2018cv00027 - Document 28 (D. Utah 2018)

Court Description: 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)
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Spruill v. Smith Doc. 28 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. Dockets.Justia.com 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