Abdelrahim v. Jones et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting in part and denying in part 31 Motion to Dismiss for Failure to State a Claim. IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and Defendants motion to dismiss is GRANTED with respect to Judge Jones and Commissioner Conklin and DENIED WITHOUT PREJUDICE with respect to Defendant Forsberg. Signed by Judge Dee Benson on 9/15/15. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, NORTHERN DIVISION
ALLAELDIN DAWELBAIT ABDELRAHIM, ORDER ADOPTING REPORT &
RECOMMENDATION
Plaintiff,
v.
Case No. 1:13-cv-102
ERNEST W. JONES, CATHERINE S.
CONKLIN, and MICHAEL FORSBERG,
Defendants.

District Judge Dee Benson
Magistrate Judge Paul Warner

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Paul Warner on August 31, 2015, recommending that Defendants’ motion to dismiss be
granted in part and denied in part. Specifically, the Report and Recommendation recommends
that Defendants’ motion as to Judge Jones and Commissioner Conklin be granted and they be
dismissed from Plaintiff’s lawsuit, and that Defendants’ motion as to Forsberg be denied without
prejudice and that Plaintiff be allowed to file a second amended complaint as to Forsberg only.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72.
As of the date of this Order, no objection has been filed to the Report and Recommendation.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.

IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and
Defendants’ motion to dismiss is GRANTED with respect to Judge Jones and Commissioner
Conklin and DENIED WITHOUT PREJUDICE with respect to Defendant Forsberg.

DATED: September 15, 2015.
BY THE COURT

________________________________________
District Judge Dee Benson

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