Schwenke v. State of Utah et al, No. 2:2017cv00833 - Document 29 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS: Plaintiff's claims against Defendant James Young are dismissed without prejudice. Signed by Judge David Nuffer on 7/27/18 (alt)
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Schwenke v. State of Utah et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION ALAPATI PAUL SCHWENKE, Plaintiff, MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION v. STATE OF UTAH, E. NEAL GUNNARSON, MARK SHURTLEFF, and JAMES YOUNG, Case No. 2:17-cv-00833-DN-DBP District Judge David Nuffer Defendants. The Report and Recommendation 1 issued by United States Magistrate Judge Dustin B. Pead on July 5, 2018 recommends that Plaintiff’s claims against Defendant James Young be dismissed for failure to effect service. 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. No party filed a written objection to the Report and Recommendation as provided by court rules. Therefore, the analysis and conclusion of the Magistrate Judge are accepted and the Report and Recommendation 2 is adopted in its entirety. 1 Docket no. 28, filed July 5, 2018. 2 Id. Dockets.Justia.com ORDER IT IS HEREBY ORDERED that the Report and Recommendation3 is ADOPTED in its entirety. Plaintiff’s claims against Defendant James Young are DISMISSED without prejudice. The Clerk is directed to close the case. Signed July 27, 2018. BY THE COURT ________________________________________ District Judge David Nuffer 3 Docket no. 28, filed July 5, 2018. 2