Robinson v. Mecham et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS - adopting 44 Report and Recommendations; denying 27 Motion to Dismiss for Failure to State a Claim. Signed by Judge Dee Benson on 9/6/2018. (jwt)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH HAROLD ROBINSON, Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v. TAD MECHAM, ET AL., Defendants. Case No. 2:16-cv-00450-DB-DBP District Judge Dee Benson Magistrate Judge Dustin B. Pead Before the Court is the Report and Recommendation issued by United States Magistrate Judge Dustin Pead on August 20, 2018, recommending that the court deny Defendants’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 44.) 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. IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and Defendants’ Motion to Dismiss is DENIED. DATED this 6th day of September, 2018. BY THE COURT: Dee Benson United States District Judge 2

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