Millwee v. State of Utah Division of Child and Family Services et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; finding as moot 32 Motion for Entry of Default; finding as moot 33 Motion for Entry of Default; granting 38 Motion to Dismiss ; granting 40 Motion to Dismiss for Failure to State a Claim ; granting 42 Motion to Dismiss for Failure to State a Claim ; adopting Report and Recommendations re 56 Report and Recommendations.; finding as moot 5 Motion to Quash; finding as moot 10 Motion for Default Judgment; finding as moot 21 Motion ; finding as moot 22 Motion ; granting 25 Motion ; denying 26 Motion ; finding as moot 30 Motion. Signed by Judge Dee Benson on 3/20/13. (jlw)

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

TIMOTHY MILLWEE,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

STATE OF UTAH DIVISION OF CHILD
AND FAMILY SERVICES,

Case No. 2:11-cv-1172-DB-DBP

AMBER WILLIAMS,
JODI LNU,
Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Dustin Pead on March 4, 2013, recommending:
(1) Defendants’ motion for quashing service of process be found MOOT. (Dkt. No. 5.)
(2) Plaintiff’s motion to release State of Utah be GRANTED. (Dkt. No. 25.)
(3) DCFS’s motion to dismiss be GRANTED. (Dkt. No. 38.)
(4) Plaintiffs’s motion to deny Williams’ immunity be DENIED. (Dkt. No. 26.)
(5) Williams’ motion to dismiss be GRANTED. (Dkt. No. 40.)
(6) Lnu’s motion to dismiss be GRANTED. (Dkt. No. 42.)

(7) The remaining motions in the case be found MOOT in light of the dismissal of
Plaintiff’s complaint. (Dkt. Nos. 10; 21; 22; 30; 32; 33.)
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. Plaintiff filed an objection
fourteen days after service of the magistrate judge’s report.
Having reviewed all relevant materials, including plaintiff’s objection and the reasoning
set forth in the magistrate judge’s Report and Recommendation, the court ADOPTS the Report
and Recommendation as described above.
It is so ordered.
Dated this 20th day of March, 2013.
BY THE COURT

______________________________
Dee Benson, Judge
United States District Court