Canary v. Adams et al

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
ADRIANN CANARY,
Plaintiff,
v.
DARIN ADAMS, et al.,
Defendant.
MEMORANDUM DECISION AND
ORDER ADOPTING SECOND REPORT
AND RECOMMENDATION
Case No. 4:25-cv-00077-DN-PK
District Judge David Nuffer
The Report and Recommendation1 (“R & R”) issued by United States Magistrate Judge
Kohler on December 15, 2025, recommends granting (1) Defendant Chad Dotson’s Motion to
Dismiss Amended Complaint;2 and (2) Defendants Darin Adams, Matthew Topham’s Motion to
Dismiss for Failure to State a Claim;3 and (3) dismissing this case with prejudice.
The parties were notified of their right to file objections to the R & R within 14 days of
its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. The parties had until December
29, 2025, to object to Judge Kohler’s R & R. No party filed a written objection to the R & R as
provided by court rules. Therefore, the analysis and conclusion of the Magistrate Judge are
accepted and the R & R4 is adopted in its entirety.
1 	ORDER
IT IS HEREBY ORDERED that the Report and Recommendation5 is ADOPTED in full.
1 Report and Recommendations, docket no. 42, filed December 15, 2025.
2 Motion to Dismiss Amended Complaint, docket no. 38, November 7, 2025.
3 Motion to Dismiss for Failure to Stay a Claim, docket no. 40, filed November 11, 2025.
4 Id.
5 Report and Recommendations, docket no. 42, filed December 15, 2025.
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2
IT IS FURTHER ORDERED:
1. 	Defendant Chad Dotson’s Motion to Dismiss Amended Complaint is
GRANTED;6
2. 	Defendants Darin Adams, Matthew Topham’s Motion to Dismiss for Failure
to State a Claim is GRANTED;7
3. 	As a result, this case is DISMISSED WITH PREJUDICE.
4. 	The Clerk is ordered to CLOSE THE CASE.
Signed January 5, 2026.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
6 Motion to Dismiss Amended Complaint, docket no. 38, November 7, 2025.
7 Motion to Dismiss for Failure to Stay a Claim, docket no. 40, filed November 11, 2025.
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