Robinson v. Lynch et al

Filing 51

ORDER adopting Report and Recommendations re 48 Report and Recommendation; granting 41 Motion to Dismiss for Failure to State a Claim. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Dee Benson on 9/28/2018. (mas)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
HAROLD V. ROBINSON,
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
THOMAS E. BRANDON, in his official
capacity as Director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives,
and JEFF SESSIONS, in his official capacity
as Attorney General of the United States

Case No. 2:16-cv-150-DB-EJF
District Judge Dee Benson

Defendants.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Evelyn J. Furse on August 31, 2018, recommending that Defendants’ Motion to Dismiss
be granted. (Dkt. No. 48.) 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. Plaintiff filed a timely Objection, arguing that he should again be permitted to amend his
Complaint, and that the right to self-defense is protected by the Substantive Due Process Clause
of the Fifth Amendment. (Dkt. No. 49.) Plaintiff raised the same arguments made in the
Objection in the briefing and oral argument before Judge Furse prior to her issuance of the
Report and Recommendation.
This court has completed a 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. The

court has also considered the arguments set forth in the Objection. The analysis and conclusion
of the magistrate judge are correct and the Report and Recommendation will be adopted.
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and
Defendants’ Motion to Dismiss is hereby GRANTED.

DATED this 28th day of September, 2018.

BY THE COURT:

Dee Benson
United States District Judge

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