Shook v. Salt Lake City
| Jason C. Shook |
| Salt Lake City |
| 2:2020cv00072 |
| February 6, 2020 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Signed by Judge Howard C. Nielson, Jr. on 4/2/2020. (las)
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Filing 7
DOCKET TEXT ORDER adopting in part Report and Recommendations re #4 Report and Recommendations. The court agrees with Magistrate Judge Pead that Plaintiffs first claim must be dismissed with prejudice. Plaintiffs conclusory allegations do not state any claim of which the court is aware. Even with elaboration, Plaintiffs allegations could not state a claim under 18 U.S.C. 1512, the criminal statute on which Plaintiff relies, and almost certainly could not support any other cause of action. Amendment would thus be futile. When read in conjunction with Plaintiffs objection, Plaintiffs second claim alleges that Plaintiff was arrested in violation of his constitutional rights while peacefully demonstrating. Plaintiffs conclusory allegations certainly do not satisfy the pleading standards required byAshcroft v. Iqbal, 556 U.S. 662 (2009), and, even with elaboration, could not state a claim under 18 U.S.C. 1513, the criminal statute on which Plaintiff relies. Plaintiff may, however, be able to amend his second cause of action to state a claim under 42 U.S.C. 1983. #6 Objection to #4 Report and Recommendation is accordingly overruled in part, and #4 Report and Recommendation is adopted in part. Plaintiffs first claim is dismissed with prejudice and his second claim is dismissed with leave to amend. Plaintiff may file an amended complaint no later than Friday, April 24, 2020. If Plaintiff fails to file an amended complaint by that date, the clerk shall enter judgment in favor of Defendants and close this case. Signed by Judge Howard C. Nielson, Jr. on 3/25/2020. No attached document. (las)
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| Filing 6 OBJECTION to #4 Report and Recommendations filed by Jason C. Shook. (las) |
| Filing 5 ** SEALED DOCUMENT ** DOCUMENTS LODGED consisting of Summons. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (tlh) |
| Filing 4 REPORT AND RECOMMENDATIONS for Dismissal re #3 Complaint filed by Jason C. Shook. Signed by Magistrate Judge Dustin B. Pead on 02/10/2020. (tlh) |
| Filing 3 COMPLAINT against Salt Lake City (Originally received by the court on 02/05/2020). (Fee Status: IFP) filed by Jason C. Shook. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet ) Assigned to Judge Howard C. Nielson, Jr (tlh) |
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Filing 2
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Dustin B. Pead on 02/10/2020. (tlh)
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| Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Dustin B. Pead for review, case file forwarded to Magistrate Judge. (Received by the court on: 02/05/2020) filed by Plaintiff Jason C. Shook. (tlh) (Additional attachment(s) added on 2/6/2020: #2 Text of Proposed Order For IFP) (tlh). |
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| Defendant: Salt Lake City | |
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| Plaintiff: Jason C. Shook | |
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