Smith v. United Parcel Service

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS, dismissing 3 Complaint without prejudice - CASE CLOSED. Signed by Judge David Nuffer on 11/12/14 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MATTHEW A. SMITH,
Plaintiff,

ORDER ADOPTING
REPORT & RECOMMENDATION

v.
Case No. 2:14-cv-00237
UNITED PARCEL SERVICE,
District Judge David Nuffer
Defendant.
The Report and Recommendation 1 issued by United States Magistrate Judge Dustin Pead
on October 27, 2014 recommends that this case be dismissed for Plaintiff’s failure to state a
claim on which relief may be granted and for Plaintiff’s failure to respond to the Court’s Order 2
requiring Plaintiff to file an amended complaint addressing the deficiencies of his original
complaint.
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.
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, docket no. 11, filed October 27, 2014.

2

Docket no. 9, filed September 22, 2014.

IT IS HEREBY ORDERED that the Report and Recommendation 3 is ADOPTED and the
above-captioned matter is DISMISSED without prejudice.

The Clerk shall close the case.

Dated November 12, 2014.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

3

Docket no. 11, filed October 27, 2014.

2