State of Utah v. Engle

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 3 Report and Recommendations denying 1 Motion for Removal of State Case to Federal Court and dismissing case for lack of jurisdiction. Signed by Judge Dee Benson on 3/24/2017. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DENNIS K. ENGLE,
Movant,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
STATE OF UTAH,

Case No. 2:17-mc-20
Respondent.

District Judge Dee Benson

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Brooke C. Wells on March 6, 2017, recommending that the district court DENY Movant’s
Motion for Removal and dismiss this case for lack of jurisdiction. 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. On March 16, 2017, Movant filed an
Objection to the Order, requesting that the court consider his motion pursuant to 28 U.S.C.
§1455.
De novo review, including a review of the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The court
agrees with the reasoning and assessment of the magistrate judge. Plaintiff’s Objection does not
alter that assessment, as Plaintiff has failed to assert any facts that would plausibly support
federal jurisdiction over this matter, pursuant to 28 U.S.C. §1455. The Report and
Recommendation of Magistrate Judge Wells is hereby ADOPTED: Movant’s motion is DENIED
and this case is dismissed for lack of jurisdiction.

DATED this 24th day of March, 2017.

BY THE COURT:

Dee Benson
United States District Judge

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