Mejia v. Kirk et al

Filing 15

ORDER AFFIRMING AND ADOPTING 14 REPORT AND RECOMMENDATION. Accordingly, Defendants' 11 Motion to Dismiss is hereby GRANTED, and all causes of action are dismissed except for the Fourth Cause of Action. Signed by Judge Dale A. Kimball on 11/17/2022. (eat)

Case 2:22-cv-00542-DAK-DBP Document 15 Filed 11/17/22 PageID.79 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
Eduardo Romero Mejia,

ORDER AFFIRMING AND ADOPTING
REPORT AND RECOMMENDATION

Plaintiff,

v.

Case No. 2:22-cv-00542-DAK-DBP
District Judge Dale A. Kimball

Geoffrey Kirk et al.,

Chief Magistrate Judge Dustin B. Pead

Defendants.

This case was assigned to United States District Court Judge Dale A. Kimball, who referred the case
under 28 U.S.C. § 636(b)(1)(B) to United States Chief Magistrate Judge Dustin B. Pead. On October 28,
2022, the Magistrate Judge issued a Report and Recommendation (R&R) [ECF No. 14]. In the R&R, the
Magistrate Judge recommended that Defendants’ Motion to Dismiss be granted, based upon the motion
itself and also on Plaintiff’s stated agreement to dismiss all the causes of action except the Fourth Cause of
Action. No objection has been filed, and the time for objecting has expired.
The court agrees with the recommendation and hereby ADOPTS and AFFIRMS the Magistrate
Judge’s Report and Recommendation. Accordingly, Defendants’ Motion to Dismiss [ECF No. 11] is hereby
GRANTED, and all causes of action are dismissed except for the Fourth Cause of Action.
DATED this 17th day of November, 2022.

BY THE COURT:
________________________________
DALE A. KIMBALL
United States District Judge