Opinion
Case No. 2:12-CV-343-DN-PMW
03-26-2013
MEMORANDUM DECISION and ORDER
ADOPTING REPORT &
RECOMMENDATION
District Judge David Nuffer
Magistrate Judge Paul M. Warner
This case was referred to Magistrate Judge Paul M. Warner under 28 U.S.C. § 636(b)(1)(B). On March 8, 2013, Judge Warner issued a Report & Recommendation (R&R) recommending that this court: (1) DENY Plaintiff Evans's motion for leave to amend the original complaint; and (2) GRANT Defendant's motion to dismiss the original complaint, and render MOOT Defendant's motion to dismiss the proposed amended complaint.
Order Referring Case, docket no. 8, filed May 22, 2012.
Docket no. 21, filed March 8, 2013.
Id. at 13.
The parties were notified of their right to file objections to the R&R within 14 days after receiving it. No objections to the R&R were filed or received by the court.
Id.
The court has conducted a de novo review of the issues and agrees with Judge Warner's analysis, conclusions and recommendations. Accordingly, the R&R is adopted as the order of this court.
ORDER
IT IS HEREBY ORDERED that the R&R is ADOPTED as the order of the court.
Docket no. 21.
IT IS FURTHER ORDERED that Evans's motion to amend the complaint is DENIED, Defendant's motion to dismiss the original complaint is GRANTED, and Defendant's motion to dismiss the amended complaint is MOOT.
Request to Amend Complaint, docket no. 11 filed May 24, 2012.
Motion to Dismiss, docket no. 4, filed April 17, 2012.
Motion to Dismiss Amended Complaint, docket no. 16, filed June 11, 2012.
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BY THE COURT
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District Judge David Nuffer