Manzanares et al v. Office of the Attorney General of the State of Utah et al

Filing 48

ORDER ADOPTING 47 REPORT AND RECOMMENDATIONS re 38 Motion to Dismiss for Failure to State a Claim: Any claims raised by the Manzanares Plaintiffs against Mr. Shurtleff and Mr. Swallow are hereby dismissed with prejudice. Signed by Judge David Nuffer on 10/5/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ROBERT BENITO MANZANARES, et al.,
Plaintiffs,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 2:14-cv-00040-DN-EJF
ATTORNEY GENERAL SEAN D. REYES,
Attorney General of the State of Utah, et al.,

District Judge David Nuffer
Magistrate Judge Evelyn J. Furse

Defendants.
The Report and Recommendation 1 issued by United States Magistrate Judge Furse on
September 14, 2015 recommends that Defendants’ Motion to Dismiss 2 be GRANTED IN PART
and DENIED IN PART.
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. 3
As of the date of this Order, no objection has been filed to the Report and Recommendation.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.

1

Report and Recommendation to Grant in Part and Deny in Party Motion to Dismiss Claims Against Defendants
Shurtleff and Swallow (“R&R”), docket no. 47, entered September 14, 2015.

2

Defendants Shurtleff and Swallow’s Motion to Dismiss and Supporting Memorandum, docket no. 38, filed
November 7, 2014.
3

R&R at 16.

IT IS HEREBY ORDERED that the Report and Recommendation 4 is ADOPTED. Any
claims raised by the Manzanares Plaintiffs against Mr. Shurtleff and Mr. Swallow are hereby
DISMISSED WITH PREJUDICE.

Dated October 5, 2015.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

4

Report and Recommendation to Grant in Part and Deny in Party Motion to Dismiss Claims Against Defendants
Shurtleff and Swallow (“R&R”), docket no. 47, entered September 14, 2015.

2