Brown v. American Fork Police Department et al

Filing 24

MEMORANDUM DECISION and ORDER ADOPTING 23 Report and Recommendation. Defendants 17 Motion to Dismiss under 12(b)(6) is GRANTED. Plaintiffs claims against Mr Valdez and American Fork Police Department are DISMISSED WITHOUT PREJUDICE. Signed by Judge David Barlow on 01/07/2025. (kpf)

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
ROBERT LOUIS BROWN,
Plaintiff,

MEMORANDUM DECISION AND
ORDER ADOPTING [23] REPORT AND
RECOMMENDATION

v.

Case No. 2:23-cv-00578-DBB-CMR

AMERICAN FORK POLICE
DEPARTMENT, PHIL VALDEZ, and PAUL
CAMERON,

District Judge David Barlow

Defendants.
The Report and Recommendation1 issued by United States Magistrate Judge Cecilia M.
Romero on December 17, 2024, recommends that the court grant Defendants American Fork
Police Department and Mr. Valdez’s Motion to Dismiss under 12(b)(6).
Judge Romero recommends granting the Motion to Dismiss due to Plaintiff’s failure to
allege “sufficient facts on which a recognized legal claim could be based.”2
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen days of its service pursuant to 28 U.S.C. § 636 and Federal
Rule of Civil Procedure 72.3 No party filed an objection.
Because no party filed a written objection to the Report and Recommendation by the
specified deadline, and because the analysis and conclusions of the Magistrate Judge are sound,
the Report and Recommendation of Judge Romero is adopted.

Report and Recommendation, ECF No. 23, filed Dec. 17, 2024.
Id. at 6.
3
Id. at 7.
1
2

ORDER
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED.4
Defendants’ Motion to Dismiss under 12(b)(6)5 is GRANTED. Plaintiff’s claims against Mr.
Valdez and American Fork Police Department are DISMISSED WITHOUT PREJUDICE.

Signed January 7, 2025.
BY THE COURT:
David Barlow
United States District Court Judge

4
5

ECF No. 23.
ECF No. 17.