BROOKS v. GARFIELD COUNTY JAIL, CIV-14-0661-HE. (2015)
Court: District Court, W.D. Oklahoma
Number: infdco20150717c33
Visitors: 4
Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: ORDER JOE HEATON , District Judge . Plaintiff Clarence Brooks, a state prisoner, brought this action pursuant to 42 U.S.C. 1983, challenging various actions Garfield County Jail officials. Consistent with 28 U.S.C. 636(b)(1)(B), this matter was referred for initial proceedings to Magistrate Judge Shon T. Erwin, who upon screening the petition, has recommended that the case be dismissed. Having failed to object to the Report and Recommendation, the parties have waived their right to app
Summary: ORDER JOE HEATON , District Judge . Plaintiff Clarence Brooks, a state prisoner, brought this action pursuant to 42 U.S.C. 1983, challenging various actions Garfield County Jail officials. Consistent with 28 U.S.C. 636(b)(1)(B), this matter was referred for initial proceedings to Magistrate Judge Shon T. Erwin, who upon screening the petition, has recommended that the case be dismissed. Having failed to object to the Report and Recommendation, the parties have waived their right to appe..
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ORDER
JOE HEATON, District Judge.
Plaintiff Clarence Brooks, a state prisoner, brought this action pursuant to 42 U.S.C. § 1983, challenging various actions Garfield County Jail officials. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was referred for initial proceedings to Magistrate Judge Shon T. Erwin, who upon screening the petition, has recommended that the case be dismissed. Having failed to object to the Report and Recommendation, the parties have waived their right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996); see 28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts the Report and Recommendation [Doc. # 43]; DISMISSES with prejudice all claims against Defendant Garfield County Detention Center and Plaintiff's Count I; DISMISSES without prejudice Plaintiff's Count II; and DENIES as moot Plaintiff's Motion for Summary Judgment [Doc. #40] and Defendant's Motion to Strike Plaintiff's Motion for Summary Judgment [Doc. #42].
IT IS SO ORDERED.
Source: Leagle
