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Rocky Mountain Power
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Notice | Filed: March 29, 2024 | Entered: April 02, 2024 Soto v. Safley et al
Civil Rights: Other | Utah
Notice of Change of Address
NOTICE of Change of Address by Elesha Soto. (dle)
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Order | Filed: February 27, 2024 | Entered: February 27, 2024 Soto v. Safley et al
Civil Rights: Other | Utah
Judgment
JUDGMENT IN A CIVIL CASE: IT IS ORDERED AND ADJUDGED That this action is dismissed without prejudice. Case Closed. Magistrate Judge Daphne A. Oberg no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 2/27/24. (dle)
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Order | Filed: February 27, 2024 | Entered: February 27, 2024 Soto v. Safley et al
Civil Rights: Other | Utah
Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Report and Recommendations
DOCKET TEXT ORDER. On January 22, 2024, Magistrate Judge Oberg entered 72 Report and Recommendation recommending that 68 Motion to Dismiss be granted. The Report and Recommendation further provided that "[a]ny objection must be filed by February 5, 2024," and that "[f]ailure to object may constitute waiver of objections upon subsequent review." Dkt. No. 72 at 12. Plaintiff has not filed, and thus has waived, any objections to the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). Based on its review of the Report and Recommendation, the motion to dismiss, and the docket, the court cannot say that Magistrate Judge Oberg's analysis or the disposition she proposes constitutes plain error. See Morales-Fernandez v. I.N.S., 418 F.3d 1116, 1122 (10th Cir. 2005). The court accordingly ADOPTS 72 Report and Recommendation. 68 Motion to Dismiss is GRANTED. Given that all of Plaintiff's claims have now been dismissed, see Dkt. No. 63 , and that Plaintiff has disregarded this court's order to file an amended complaint, see Dkt. No. 20 , this action is DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. In the interest of justice, dismissal shall be WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 2/27/24. (dle)
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