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Rahimi v. Sweat

United States District Court, D. Utah, Central Division

October 5, 2017

DANESH RAHIMI, Plaintiff,
v.
SCOTT SWEAT, MCKAY KING, Hon. O. LANE MCCOTTER, Defendants.

          Magistrate Judge, Dustin B. Pead

          MEMORANDUM DECISION AND ORDER OVERRULING PLAINTIFF'S OBJECTION, ADOPTING REPORT AND RECOMMENDATION IN PART, AND DISMISSING CASE

          CLARK WADDOUPS, UNITED STATES DISTRICT JUDGE

         INTRODUCTION & PROCEDURAL HISTORY

         On August 2, 2016, Plaintiff Danesh Rahimi filed a civil rights complaint under 42 U.S.C. §§ 1983 and 1985 in the Third Judicial District Court of Salt Lake County, Utah. (See ECF No. 5-1.) Dr. Rahimi sues Wasatch County Attorneys Scott Sweat and McKay King, and Wasatch County Judge O. Lane McCotter. (Id.) On August 11, 2016, the Defendants removed the case to this federal district court. (ECF No. 2.) The case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Dustin B. Pead under 28 U.S.C. § 636(b)(1)(B). (ECF No. 4.)

         The Notice of Removal states that the court has original jurisdiction over the federal civil rights claims alleged in the Complaint. (See id.) After naming the parties, the Complaint alleges the nature of the case, which the court quotes in its entirety:

B. NATURE OF CASE
I am a victim of bait and switch by a group of people in Midway Utah. Wasatch County recognizes me as the proper owner, title holder tax payer of a certain property. According to the state laws I have the right to posses [sic] this property. Presently this property is possessed by a trespasser involved with the people that designed and committed the bait and switch fraud. When I complained and asked the law enforcement to fulfill my rights, not only did they deny me, they threatened me. This is where they have violated my civil rights. Judge O. Lane McCotter ignored my case in people's court and followed his friend (Stewart Waldrip) instructions basically ignored me as a title holder. I have complained to the JCC about Judge McCotter before knowing who he was. The JCC's decision was that he has made a mistake but not misconduct. I am still appealing but I doubt that I have any chance based on the fact of whom Mr. McCotter is.
In summary, my case is very simple. I have a title, recognized by Wasatch County, to a property. Based on that, according to state and federal laws, I have the right to possess it. Wasatch County attorneys and the judge are depriving me of my rights and allowing trespassing. This violates my civil rights, that is why I am here.
Exhibit. A Is my title and purchase documents Exhibit. B is the chain of title for my property.
Exhibit. C is the Grama report from the county attorneys.
Exhibit. D is the laws of the State of Utah pertaining to this case.
Exhibit E is the warning by county attorney via their investigator Tammy Thacker.
Exhibit F is the JCC's letter admitting that this judge has made a mistake.

(Compl. p. 2, Dkt No. 5-1.)

         On October 17, 2016, Dr. Rahimi moved for summary judgment, asking the court to order:

Wasatch County Officers to go with Danesh Rahimi to Zermatt Resort and demand access to his title owned property with the following address, tax Id. and parcel Number.
784 W Resort DR unit # 207
Midway, Utah 84049
Tax Id. old OZR6107 NOW ...

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