SMITH v. HOWELL, CIV-14-1374-HE. (2016)
Court: District Court, W.D. Oklahoma
Number: infdco20160418928
Visitors: 13
Filed: Apr. 15, 2016
Latest Update: Apr. 15, 2016
Summary: ORDER JOE HEATON , Chief District Judge . Plaintiff, appearing pro se and in forma pauperis, filed this 1983 action asserting violations of his constitutional rights. Pursuant to 28 U.S.C. 636(b)(1)(B)-(C), the matter was referred for initial proceedings to Magistrate Judge Shon Erwin. He has issued a thorough Report and Recommendation regarding the remaining issues in the case. The magistrate judge recommends that the court deny plaintiff's motion for guardian ad litem, dismiss
Summary: ORDER JOE HEATON , Chief District Judge . Plaintiff, appearing pro se and in forma pauperis, filed this 1983 action asserting violations of his constitutional rights. Pursuant to 28 U.S.C. 636(b)(1)(B)-(C), the matter was referred for initial proceedings to Magistrate Judge Shon Erwin. He has issued a thorough Report and Recommendation regarding the remaining issues in the case. The magistrate judge recommends that the court deny plaintiff's motion for guardian ad litem, dismiss ..
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ORDER
JOE HEATON, Chief District Judge.
Plaintiff, appearing pro se and in forma pauperis, filed this § 1983 action asserting violations of his constitutional rights. Pursuant to 28 U.S.C. § 636(b)(1)(B)-(C), the matter was referred for initial proceedings to Magistrate Judge Shon Erwin. He has issued a thorough Report and Recommendation regarding the remaining issues in the case.
The magistrate judge recommends that the court deny plaintiff's motion for guardian ad litem, dismiss plaintiff's ADA claim with prejudice and decline to exercise supplemental jurisdiction over plaintiff's state law claims against defendants Howell and Moore. He further recommends that the court conclude that plaintiff's failure to amend his complaint was not due to a mental disability. Plaintiff failed to object to the Report and Recommendation and thereby waived his right to appellate review of the 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 Magistrate Judge Erwin's Report and Recommendation. Plaintiff's motion for guardian ad litem is denied. Plaintiff's ADA claim against defendant Casteel is dismissed with prejudice and plaintiff's state law claims against defendants Howell and Moore are dismissed without prejudice.
IT IS SO ORDERED.
Source: Leagle
