Eames v. USA

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS: granting 3 Motion to Dismiss for Lack of Jurisdiction and 11 Motion to Strike; denying 10 Motion for Default Judgment. Signed by Judge David Nuffer on 3/19/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
BRADY EAMES,

ORDER ADOPTING REPORT AND
RECOMMENDATION
Plaintiff,

v.

Case No. 1:14-cv-00020-DN-PMW

THE UNITED STATES OF AMERICA,

District Judge David Nuffer

Defendant.

Magistrate Judge Paul M. Warner

The Report and Recommendation 1 issued by United States Magistrate Judge Paul M.
Warner on February 27, 2015 recommends that (1) Defendant’s motion to dismiss be granted, (2)
Defendant’s motion to strike the amended complaint be granted, and (3) Plaintiff’s motion for
default judgment be denied. 2
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. 3
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.

1

Report and Recommendation (“R&R”), docket no. 16, filed February 27, 2015.

2

R&R at 9.

3

Id.

IT IS HEREBY ORDERED that the Report and Recommendation 4 is ADOPTED.
Defendant’s Motion to Dismiss 5 is GRANTED, Defendant’s Motion to Strike the Amended
Complaint 6 is GRANTED, and Plaintiff’s Motion for Default Judgment 7 is DENIED. The
above-captioned matter is DISMISSED without prejudice.

The Clerk shall close the case.

Dated March 19, 2015.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

4

Report and Recommendation (“R&R”), docket no. 16, filed February 27, 2015.

5

Motion to Dismiss, docket no. 3, filed April 29, 2014.

6

Motion to Strike Amended Complaint, docket no. 11, filed June 3, 2014.

7

Motion for Default Judgment, docket no. 10, filed May 30, 2014.

2