United States District Court, D. Utah, Central Division
Magistrate Judge, Dustin B. Pead
MEMORANDUM DECISION AND ORDER OVERRULING
PLAINTIFF'S OBJECTION, ADOPTING REPORT AND RECOMMENDATION
IN PART, AND DISMISSING CASE
WADDOUPS, UNITED STATES DISTRICT JUDGE
& PROCEDURAL HISTORY
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.)
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.
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
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.)
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 ...