Cheney v. Studstrup

MEMORANDUM DECISION

SAM, Chief Judge.

Before the court are: (1) plaintiff Wayne Cheney’s objection to the removal of this case from state court by defendants J.N. Studstrup, J.N. Sisneros, Jeffrey Smith, and Salt Lake County and request for remand; (2) defendants’ motion to dismiss plaintiffs state constitutional and negligence claims; and (3) plaintiffs motion for leave to file a second amended complaint. The court, having reviewed the memoranda submitted by the parties, will rule on the motions without the assistance of oral argument, pursuant to DUCivR 7—1(f).

BACKGROUND

Plaintiff alleges…