Herrera v. Hadfield et al, No. 1:2021cv00095 - Document 41 (D. Utah 2022)

Court Description: MEMORANDUM DECISION and Dismissal Order: Plaintiff's 35 motion for this judge to recuse himself is DENIED. Plaintiff's 27 Second Amended Complaint is DISMISSED with prejudice, under 28:1915(e)(2)(B) (2022), for failure to state a claim upon which relief may be granted. Three iterations of the complaint, (ECF Nos. 5 , 27 , 40 ), and 25 comprehensive guidance on curing deficiencies have not resulted in any improvement in the pleading. Neither liberal interpretation of Plaintiff's claims nor further opportunity to amend will lead to a different result. This action is CLOSED. Signed by Judge Robert J. Shelby on 07/22/2022. (jl)