Cox v. Utah Division of Water Rights et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting 18 Report and Recommendations, granting 7 Motion to Dismiss filed by Kent Jones, Utah Division of Water Rights, denying 9 Motion for Order to Clarify Petitioner's Rights, denying 11 Motion to Strike filed by Duane Morley Cox. Case Closed. Signed by Judge Dee Benson on 03/16/2011. (asp)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION DUANE MORLEY COX Plaintiff, ORDER ADOPTING REPORT & RECOMMENDATION vs. UTAH DIVISION OF WATER RIGHTS, and KENT L JONES, P.E. (in his official capacity), Defendants Case No. 1:10-CV-194 Judge Dee Benson Before the court is the Report and Recommendation issued by United States Magistrate Judge Brooke Wells on February 23, 2011, recommending that Defendants' Motion to Dismiss be granted, and that Plaintiff's Motion for Order to Clarify Petitioner's Rights (Dkt. No. 9), and Plaintiff's Motion to Strike Defendants' Motion to Dismiss (Dkt. No. 11) be denied or deemed moot. (Dkt. No. 18.) The parties were notified of their right to file objections to the Report and Recommendation within fourteen (14) days after receiving it. On March 7, 2011, the Plaintiff filed a document titled "Objection to Report and Recommendation and Motion for Withdrawal of Complaint." (Dkt. Nos. 19 & 20.) Having reviewed all relevant materials, including Plaintiff's pro se objection, motion and supporting memorandum, the record that was before the magistrate judge, and the reasoning set forth in the magistrate judge's Report and Recommendation, the court agrees with the analysis and conclusion of the magistrate judge. Accordingly, the court ADOPTS the Report and Recommendation and issues the following Order. Defendants' Motion to Dismiss is GRANTED. Plaintiff's Motion to Strike Defendants' Motion to Dismiss is DENIED and Plaintiff's Motion for Order to Clarify Petitioner's Rights is DENIED. DATED this 16th day of March, 2011. _________________________________ Dee Benson United States District Judge

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