Berkshire v. Herbert et al, No. 2:2017cv01322 - Document 16 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS re 12 Motion for Judgment on the Pleadings, dismissing case without prejudice for lack of subject matter jurisdiction. Signed by Judge David Nuffer on 7/26/18 (alt)
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Berkshire v. Herbert et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION KEITH A. BERKSHIRE, Plaintiff, MEMORANDUM DECISION AND ORDER ADOPTING [15] REPORT AND RECOMMENDATION v. Case No. 2:17-cv-1322 DN GARY HERBERT, et al., Defendants. District Judge David Nuffer Magistrate Judge Brooke Wells The Report and Recommendation 1 issued by United States Magistrate Judge Brooke Wells on June 7, 2018, recommends that Defendants’ Motion for Judgment on the Pleadings 2 be granted and that Plaintiff’s Complaint 3 be dismissed for lack of subject matter jurisdiction. 4 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. 5 No party filed a written objection to the Report and Recommendation as provided by court rules. Therefore, the sound analysis and conclusion of the Magistrate Judge are accepted and the Report and Recommendation 6 is adopted in its entirety. 1 Report and Recommendation, docket no. 15, filed June 7, 2018. 2 Defendants’ Motion for Judgment on the Pleadings, docket no. 12, filed April 17, 2018. 3 Complaint, docket no. 1, filed December 27, 2017. 4 Report and Recommendation at 4. 5 Id. at 5. 6 Report and Recommendation, docket no. 15, filed June 7, 2018. Dockets.Justia.com ORDER IT IS HEREBY ORDERED that the Report and Recommendation 7 is ADOPTED. Defendants’ Motion for Judgment on the Pleadings 8 is GRANTED and Plaintiff’s Complaint 9 is DISMISSED without prejudice for lack of subject matter jurisdiction. 10 The Clerk is directed to close the case. Signed July 26, 2018. BY THE COURT ________________________________________ David Nuffer United States District Judge 7 Report and Recommendation, docket no. 15, filed June 7, 2018. 8 Defendants’ Motion for Judgment on the Pleadings, docket no. 12, filed April 17, 2018. 9 Complaint, docket no. 1, filed December 27, 2017. 10 See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1218 (10th Cir. 2006). 2