Opinion
2:22-cv-00542-DAK-DBP
11-17-2022
Eduardo Romero Mejia, Plaintiff, v. Geoffrey Kirk, et al, Defendants.
Dale A. Kimball District Judge
REPORT AND RECOMMENDATION
Dustin B. Pead United States Magistrate Judge
Before the court is Defendants' Motion to Dismiss.[ (ECF No. 11.) Defendants seek to dismiss “all causes of action except the Fourth Cause of Action, which purports to be a malicious protection claim.” (ECF No. 11 p. 1.) In response, Plaintiff agrees to dismiss all causes of action except the Fourth Cause of Action. (ECF No. 12.) Accordingly, the undersigned recommends below that the Motion be granted.
This matter is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B).
RECOMMENDATION
Based upon the Defendants' motion, and on Plaintiff's stated agreement to dismiss all the causes of action except the Fourth Cause of Action, the undersigned recommends that Defendants' Motion be GRANTED.
Copies of the foregoing Report and Recommendation are being sent to all parties who are hereby notified of their right to object. Within fourteen (14) days of being served with a copy, any party may serve and file written objections. See 28 U.S.C. §636(b)(1); Fed.R.Civ.P. 72(b). Failure to object may constitute a waiver of objections upon subsequent review.