Zabriskie v. Marsh

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS, granting 24 Motion to Dismiss, denying 31 Motion to Stay - CASE CLOSED. Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Dale A. Kimball on 3/11/11 (alt)

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Zabriskie v. Marsh Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION RICHARD S. ZABRISKIE, Plaintiff, vs. GRANT MARSH et al., Case No. 2:10CV676 DAK Defendants. ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER This matter is before the court on the Magistrate Judge's Report and Recommendation, dated February 22, 2011 (the "R&R"). In the R&R, the Magistrate Judge recommends that Defendants' Motion to Dismiss be granted and that Plaintiff's Motion to Stay be denied or deemed moot. Plaintiff has not filed an Objection to the R&R, and the time for doing so has expired. The court has reviewed the complete case file de novo, and the court agrees with the Magistrate Judge's recommendations. Therefore, the court hereby APPROVES AND ADOPTS the Magistrate Judge's Revised R&R in its entirety. Defendants' Motion to Dismiss [Docket No. 24] is hereby GRANTED, and Plaintiff's Motion to Stay [Docket No. 31] is DENIED. All claims are hereby DISMISSED, and the Clerk of the Court is directed to close this case. DATED this 11th day of March, 2011. BY THE COURT: DALE A. KIMBALL United States District Judge

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