THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

CONSTANTINO CUARA R., ORDER ADOPTING [8] REPORT AND RECOMMENDATION Plaintiff,

v. Case No. 2:23-cv-00525-DBB-CMR

PENTAGON, et al., District Judge David Barlow

Defendants.

The Report and Recommendation1 issued by United States Magistrate Judge Cecilia M. Romero on August 18, 2023 recommends that the court dismiss Plaintiff Constantino Cuara R.’s (Plaintiff) action pursuant to

. The magistrate judge reasoned that dismissal was proper because Plaintiff’s action is frivolous and fails to state a claim.2 The parties were notified of their right to file objections to the Report and Recommendation within 14 days of its service pursuant to

(b)(1) and Federal Rule of Civil Procedure 72.3 No party filed an objection. Because no party filed a written objection by the specified deadline, the Court reviews the Report and Recommendation for clear error. The Court finds that the Magistrate Judge’s analysis and conclusions are sound. No clear error appears on the face of the record. The Court adds to the Report and Recommendation that further amendment to Plaintiff’s action would be futile. Thus, Plaintiff’s action is dismissed with prejudice, which is appropriate

1 ECF No. 8 at 1. 2

. 3

"where a complaint fails to state a claim under Rule 12(b)(6) and granting leave to amend would be futile.” Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED.° The Court DISMISSES with prejudice the Plaintiff's action as frivolous and for failing to state a claim upon which can may be granted.

Signed September 21, 2023. BY THE COURT

David Barlow United States District Judge

4 Gaddy v. Corp. of President of Church of Jesus Christ of Latter-Day Saints, No. 2:19-cv-0554,

, at *27 (D. Utah Mar. 28, 2023), motion for relief from judgment denied sub nom. Gaddy v. Church of Jesus Christ of Latter-day Saints, No. 2:19-cv-00554,

(D. Utah July 26, 2023) (quoting Brereton v. Bountiful City Corp.,

(0th Cir. 2006)).