Garcia v. Wilson et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 47 Report and Recommendations. Accordingly, (i) the Ogden City Defendants motion 37 to dismiss is Granted; (ii) the Weber County Defendants motion 40 for judgment on thepleadings is Granted. Plaintiff's case is DISMISSED without prejudice. Signed by Judge David Barlow on 01/03/2025. (kpf)

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
AARON R. GARCIA,

ORDER ADOPTING [47] REPORT AND
RECOMMENDATION

Plaintiff,
Case No. 1:23-cv-00131-DBB-DAO
v.
District Judge David Barlow
JOSEPH WILSON; ABREGO KA; T.
O’DOHERTY; PAUL RIMMASCH;
JESSICA PONTIUS; JORDEN NIELSEN;
RICHARD CHILDRESS, OGDEN CITY;
and WEBER COUNTY,

Magistrate Judge Daphne A. Oberg

Defendants.
The Report and Recommendation1 issued by United States Magistrate Judge Daphne A.
Oberg on December 9, 2024 recommends the court (i) grant the Ogden City Defendants’2 motion
to dismiss;3 (ii) grant the Weber County Defendants’4 motion for judgment on the pleadings;5
and (iii) dismiss the case without prejudice.6 Mr. Garcia was notified of his right to file
objections to the Report and Recommendation within 14 days of its service pursuant to 28 U.S.C.
§ 636(b)(1) and Federal Rule of Civil Procedure 72.7 As of the date of this order, Mr. Garcia did
not file an objection. Because the specified deadline has passed without the filing of a written

1

R. & R., ECF No. 47, filed December 9, 2024.
The Ogden City Defendants are Ogden City and Ogden City Police Officers Joseph Wilson, Abrego Ka, T.
O’Doherty, Jorden Nielsen, and Richard Childress.
3
ECF No. 37, filed June 12, 2024.
4
The Weber County Defendants are Weber County and Weber County employees Paul Rimmasch and Jessica
Pontius.
5
ECF No. 40, filed July 9, 2024.
6
R. & R. 17.
7
Id.
2

objection, and because Magistrate Judge Oberg’s analysis and conclusion are sound, the court
ADOPTS the Report and Recommendation. Accordingly, (i) the Ogden City Defendants’ motion
to dismiss is GRANTED; (ii) the Weber County Defendants’ motion for judgment on the
pleadings is GRANTED; and (iii) Plaintiff’s case is DISMISSED without prejudice.

Signed January 3, 2025.
BY THE COURT
______________________________________
David Barlow
United States District Judge