Berkshire v. Herbert et al

Filing 16

MEMORANDUM DECISION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS re 12 Motion for Judgment on the Pleadings, dismissing case without prejudice for lack of subject matter jurisdiction. Signed by Judge David Nuffer on 7/26/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
KEITH A. BERKSHIRE,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING [15] REPORT AND
RECOMMENDATION

v.
Case No. 2:17-cv-1322 DN
GARY HERBERT, et al.,
Defendants.

District Judge David Nuffer
Magistrate Judge Brooke Wells

The Report and Recommendation 1 issued by United States Magistrate Judge Brooke
Wells on June 7, 2018, recommends that Defendants’ Motion for Judgment on the Pleadings 2 be
granted and that Plaintiff’s Complaint 3 be dismissed for lack of subject matter jurisdiction. 4
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. 5 No party filed a written objection to the Report and Recommendation as provided by
court rules. Therefore, the sound analysis and conclusion of the Magistrate Judge are accepted
and the Report and Recommendation 6 is adopted in its entirety.

1

Report and Recommendation, docket no. 15, filed June 7, 2018.

2

Defendants’ Motion for Judgment on the Pleadings, docket no. 12, filed April 17, 2018.

3

Complaint, docket no. 1, filed December 27, 2017.

4

Report and Recommendation at 4.

5

Id. at 5.

6

Report and Recommendation, docket no. 15, filed June 7, 2018.

ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 7 is ADOPTED.
Defendants’ Motion for Judgment on the Pleadings 8 is GRANTED and Plaintiff’s Complaint 9 is
DISMISSED without prejudice for lack of subject matter jurisdiction. 10
The Clerk is directed to close the case.
Signed July 26, 2018.
BY THE COURT

________________________________________
David Nuffer
United States District Judge

7

Report and Recommendation, docket no. 15, filed June 7, 2018.

8

Defendants’ Motion for Judgment on the Pleadings, docket no. 12, filed April 17, 2018.

9

Complaint, docket no. 1, filed December 27, 2017.

10

See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1218 (10th Cir. 2006).

2