THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

CONSTANTINO CUARA RODRIGUEZ, ORDER ADOPTING [7] REPORT AND RECOMMENDATION Plaintiff, Case No. 2:23-cv-00439-DBB-JCB v. District Judge David Barlow VERIZONS, JEFFERSON CAPITAL SYSTEM, and SYNCHRONY BANK,

Defendants.

The Report and Recommendation1 issued by United States Magistrate Judge Jared C. Bennett on August 30, 2023 recommends that the court dismiss Plaintiff Constantino Cuara Rodriguez’s (“Mr. Rodriguez”) action pursuant to

. The magistrate judge reasoned dismissal against Defendants “Verizon’s,” “Jefferson Capital System,” and “Synchrony Bank” was proper because Mr. Rodriguez fails to state a claim and his Complaint is frivolous.2 The magistrate judge recommended dismissal with prejudice, concluding that granting Mr. Rodriguez leave to amend would be futile.3 The magistrate judge advised Mr. Rodriguez of his right to object to the Report and Recommendation within fourteen days of its service under

(b)(1) and Federal Rule of Civil Procedure 72(b).4 Mr. Rodriguez did not file an objection and the time for doing so

1 R. & R., ECF No. 7. 2

at 6–8; see Compl., ECF No. 4. 3 R. & R. 8. 4

. has passed.° Because he filed no objection, the court reviews the Report and Recommendation for clear error.® Having done so, the court finds that the magistrate judge’s analysis and conclusions are sound. No clear error appears on the face of the record. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation’ is ADOPTED. The court DISMISSES with prejudice Plaintiff's action as frivolous and for failing to state a claim on which relief may be granted.

Signed September 14, 2023. BY THE COURT

DavidBarlow United States District Judge

> See Docket. 6 Johnson v. Progressive Leasing, No. 2:22-cv-00052,

, at *2 (D. Utah June 16, 2023) (citing Johnson v. Zema Sys. Corp.,

, 739 (7th Cir. 1999)). 7 ECE No. 7.