Cuara R. v. Salt Lake County Justice Court et al
| Constantino Cuara R. |
| Salt Lake County Justice Court, Salt Lake Legal Defender Association, DMV SLC UT and DLD SLC UT |
| 2:2023cv00513 |
| August 8, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 JUDGMENT IN A CIVIL CASE: This action is dismissed without prejudice. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 9/20/23. (dle) |
Filing 9
DOCKET TEXT ORDER. On August 10, 2023, Magistrate Judge Romero entered #8 Report and Recommendation recommending that Plaintiff's Complaint be dismissed as frivolous and for failure to state a claim upon which relief may be granted. The Report and Recommendation further provided that "[w]ithin fourteen (14) days of being served with a copy" of the Report and Recommendation, "any party may serve and file written objections." Dkt. No. 8 at 4. Plaintiff has not filed, and thus has waived, any objections to the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140, 14950 (1985); Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). Based on its review of the Report and Recommendation and #7 Complaint, the court cannot say that Magistrate Judge Bennett's analysis or the disposition he proposes is plainly erroneous. See Morales-Fernandez v. I.N.S., 418 F.3d 1116, 1122 (10th Cir. 2005). The court accordingly ADOPTS #8 Report and Recommendation. This action is DISMISSED. In the interests of Justice, dismissal is WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 09/20/2023. No attached document. (tpk)
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| Filing 8 REPORT AND RECOMMENDATIONS- The undersigned RECOMMENDS that Plaintiff's #7 complaint be dismissed as frivolous and for failing to state a claim upon which relief may be granted. Copies of the foregoing Report and Recommendation are being sent to all parties who are hereby notified of their right to object. Within fourteen (14) days of being served with a copy, any party may serve and file written objections. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Failure to object may constitute a waiver of objections upon subsequent review. Signed by Magistrate Judge Cecilia M. Romero on 8/10/2023. (mh) |
| Filing 7 COMPLAINT against All Defendants (Originally received by the court on 8/8/2023). (Fee Status: IFP Granted) filed by Constantino R. Cuara. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet 1) Assigned to Judge Howard C. Nielson, Jr (mh) |
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Filing 6
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Cecilia M. Romero on 8/10/2023. (mh)
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| Filing 5 Case randomly assigned to Judge Howard C. Nielson, Jr per 4 Docket Text Order. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh) |
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Filing 4
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the procedural posture of this case, the undersigned orders reassignment of this case to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 8/10/2023. (jfm)
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| Filing 3 NOTICE TO THE PLAINTIFF - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Constantino R. Cuara. Form due by 8/30/2023. (mh) |
| Filing 2 DOCUMENTS LODGED consisting of Complaint, exhibits and civil cover sheet. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit A Investment Acc., #2 Exhibit B Prints, #3 Civil Cover Sheet )(haa) |
| Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Cecilia M. Romero for review, case file forwarded to Magistrate Judge. (Received by the court on: 08/08/2023) filed by Plaintiff Constantino R. Cuara. (haa) |
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