Yanke v. Ludlow et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 28 Motion to Dismiss Party. ; granting 8 Motion to Dismiss ; granting 15 Motion to Dismiss for Failure to State a Claim. After having reviewed the file de novo, and considering Plaintiffs objections, the court hereby APPROVES AND ADOPTS Judge Albas Report and Recommendation (Dkt. No. 33) in its entirety. Signed by Judge Clark Waddoups on 7/16/12. (jmr)

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

RODNEY J. YANKE,
ORDER
Plaintiff,
v.

Case No. 2:11-CV-962

ERIC A. LUDLOW, et al.,

Judge Clark Waddoups

Defendants.

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Samuel Alba pursuant to 28 U.S.C. § 636(b)(1)(B). On
May 30, 2012, Judge Alba issued a Report and Recommendation (Dkt. No. 33) recommending
that the court grant a motion to dismiss filed by Defendants Eric Ludlow and Hans Chamberlain
(Dkt. No. 8), a motion to dismiss filed by Defendants Mark Steinagel and Dee Johnson (Dkt. No.
15) and a motion to dismiss filed by Defendant Brent Brindley (Dkt. No. 28). The court granted
Plaintiff’s motion for an enlargement of time to submit an opposition to Judge Alba’s Report and
Recommendation on June 20, 2012. (Dkt. No. 36.) Plaintiff, appearing pro se, then filed a
document with the court entitled “Reply and Opposition To Defendant’s Motion to Dismiss” on
July 5, 2012. Because Plaintiff is appearing pro se, the court will construe his pleading filed on
July 5, 2012 to be an objection to the magistrate’s report and recommendation. See Ledbetter v.
City of Topeka, 318 F.3d 1183, 1187 (10th Cir. 2003).

1

After having reviewed the file de novo, and considering Plaintiff’s objections, the court
hereby APPROVES AND ADOPTS Judge Alba’s Report and Recommendation (Dkt. No. 33) in
its entirety.
DATED this 16th day of July, 2012.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

2