Montoya v. USA et al, No. 2:2016cv00812 - Document 11 (D. Utah 2018)

Court Description: MEMORANDUM DECISION adopting 10 Report and Recommendations re 3 Complaint filed by Mary Montoya. It is further ORDERED that Plaintiff's Complaint is dismissed without prejudice. Signed by Judge Ted Stewart on 3/27/18. (jlw)

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Montoya v. USA et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, DIVISION MARY MONTOYA, MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, v. UNITED STATES OF AMERICA, et al., Case No. 2:16-CV-812-TS-DBP Defendants. District Judge Ted Stewart Plaintiff Mary Montoya (“Plaintiff”) filed her Complaint on July 20, 2016. 1 This case was subsequently referred to the Magistrate Judge under 28 U.S.C. § 636(b)(1)(B). 2 The Magistrate Judge issued a Report and Recommendation on February 28, 2018. 3 This matter is before the Court for consideration of that Report and Recommendation. The Magistrate Judge recommends that Plaintiff’s Complaint be dismissed because (1) the Complaint does not allege sufficient facts to support a claim for relief; and (2) the Complaint does not allege that any party is a citizen of Utah or that any of the events at issue occurred in this District. Pursuant to 28 U.S.C. § 636(b), a party has fourteen days from their receipt of the Report and Recommendation to file an objection. Neither party has done so. The Court has considered the pleadings in the file and the Report and Recommendation. It is therefore 1 Docket No. 3. 2 Docket No. 4. 3 Docket No. 10. 1 Dockets.Justia.com ORDERED that the Magistrate Judge’s February 28, 2018 Report and Recommendation (Docket No. 10) is ADOPTED IN FULL. It is further ORDERED that Plaintiff’s Complaint is dismissed without prejudice. Dated this 27th day of March, 2018. BY THE COURT: Ted Stewart United States District Judge 2

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