Salters v. Smith's Food and Drug

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Motion to Dismiss filed by Smith's Food and Drug, 11 Report and Recommendations. Case Closed. Magistrate Judge David Nuffer no longer assigned to case. Signed by Judge Dale A. Kimball on 8/26/09. (ce)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

BRADFORD LAINE SALTERS, Plaintiff(s), v. SMITH'S FOOD AND DRUG, Case No. 2:08CV901DAK Defendant(s). ORDER ADOPTING REPORT & RECOMMENDATION

This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge David Nuffer under 28 U.S.C. § 636(b)(1)(B). On August 8, 2009, Judge Nuffer issued a Memorandum Decision Order and Report and Recommendation, recommending that Defendant's Motion to Dismiss be granted because Plaintiff has failed to serve Defendant within the 120 days required by Rule 4 of the Federal Rules of Civil Procedure. The Report and Recommendation also notified the parties that they had ten days after receipt of the Report and Recommendation to file any objections to it. No objection has been filed to the Report and Recommendation as of the date of this order. The court has reviewed the file de novo. The court agrees with the Magistrate Judge's reasoning in his Report and Recommendation. The court approves and adopts the

Magistrate Judge's Report and Recommendation in its entirety. Accordingly, Defendant's Motion to Dismiss is GRANTED and this case is DISMISSED WITHOUT PREJUDICE. DATED this 26th day of August, 2009. BY THE COURT:

DALE A. KIMBALL United States District Judge

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