Cooke v. Philip Morris et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 17 Report and Recommendations ; granting 16 Motion to Dismiss Magistrate Judge Dustin B. Pead no longer assigned to case. Case Closed. Signed by Judge Dale A. Kimball on 7/15/2015. (jds)

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

ROLAND COOKE,
Plaintiff,
ORDER ADOPTING & AFFIRMING
REPORT & RECOMMENDATION

v.
PHILIP MORRIS and ALTRIA GROUP,
Defendants.

Case No. 2:14cv879DAK
Judge Dale A. Kimball

This case was assigned to United States District Judge Dale A. Kimball, who referred it
to United States Magistrate Judge Dustin Pead under 28 U.S.C. § 636(b)(1)(B). On June 17,
2015, Magistrate Judge Pead issued a Report and Recommendation concluding that Plaintiff’s
Complaint should be dismissed pursuant to Rules 12(b)(4) and 12(b)(5) of the Federal Rules of
Civil Procedure.
The Report and Recommendation notified Plaintiff that any objection to the Report and
Recommendation was required to be filed within fourteen days of receiving it. Plaintiff did not
file an objection to the Report and Recommendation, and the time for filing an objection has
passed.
The court has reviewed the case de novo and the court agrees with the Report and
Recommendation in its entirety. The court hereby adopts it as the order of the court.
Accordingly, Plaintiff’s Complaint is DISMISSED pursuant to Rules 12(b)(4) and 12(b)(5) of the
Federal Rules of Civil Procedure.

DATED this 15th day of July, 2015.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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