Troise v. USAO UT Dist et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 12 Motion to Dismiss ; adopting Report and Recommendations re 16 Report and Recommendations. The U.S. Marshalsoffice is directed to serve the complaint on defendants. Signed by Judge Clark Waddoups on 6/3/16. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH CENTRAL DIVISION
ROBERT J. TROISE,
ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
vs.

Case No. 2:15-CV-190

USAO UT DIST., et al.,
Defendants.

Judge Clark Waddoups

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Brooke C. Wells pursuant to 28 U.S.C. § 636(b)(1)(B).
(Dkt. No. 11.) On April 6, 2016, Judge Wells issued a Report and Recommendation
recommending that the court deny defendants’ motion to dismiss the complaint for failure to
serve within the time limit specified by Fed. R. Civ. P. Rule 4(m), and that the court serve
plaintiff’s complaint on defendants because under the broad standards applicable to pro se
litigants, plaintiff’s complaint states an age discrimination claim upon which relief could be
granted. (Dkt. No. 16.) Defendants have not objected to the Report and Recommendation.
The court has carefully reviewed plaintiff’s complaint, defendants’ motion to dismiss,
and the Magistrate Judge’s Report and Recommendation. The court finds that the Magistrate
Judge’s conclusions are supported by the record and the supporting legal authorities. The Report
and Recommendation is adopted in its entirety. The defendants’ motion is DENIED and the

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clerk’s office is directed to prepare the complaint for service. Thereafter, the U.S. Marshal’s
office is directed to serve the complaint on defendants.
SO ORDERED this 3rd day of June, 2016.
BY THE COURT:

______________________________
Clark Waddoups
United States District Court Judge

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