Fischer v. Hunt

Full title: DEBORAH FISCHER, Plaintiff, v. ARNOLD HUNT and JOHN DOES 1-5, Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Jun 24, 2004

Case No. 2:03-CV-862 TC (D. Utah Jun. 24, 2004)

Opinion

Case No. 2:03-CV-862 TC.

June 24, 2004

ORDER

TENA CAMPBELL, District Judge

In October 2003, pro se Plaintiff Deborah Fischer filed a two-page complaint against Arnold Hunt and John Does 1-5 vaguely alleging that her constitutional rights had been violated. Ms. Fischer was granted leave to proceed in forma pauperis. (See Oct. 21, 2003 Order (Dkt. No. 2).) In November 2003, this case was referred to United States Magistrate Judge Brooke Wells pursuant to 28 U.S.C. § 636(b)(1)(B).

On March 26, 2004, Judge Wells issued a Report Recommendation ("RR") recommending sua sponte dismissal of Plaintiff's complaint pursuant to 28 U.S.C. § 1915. That section provides in relevant part that for proceedings in forma pauperis, "the court shall dismiss the case at any time if the court determines that . . . the action . . . fails to state a claim on which relief many be granted." 28 U.S.C. § 1915(e)(2)(B)(ii). Ms. Fischer filed an objection to the RR.

The court has reviewed the file, Judge Wells' RR, and Ms. Fischer's Objection. The court agrees with Judge Wells' conclusion. Accordingly, the court ADOPTS the United States Magistrate Judge Report and Recommendation as the order of this court. Plaintiff's case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.