Hutton v. Howry et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Bernard M. Jones...this case is transferred to the U.S. District Court for the Eastern District of Oklahoma. Signed by Honorable Joe Heaton on 6/5/2017. (Attachments: # 1 Attachment 1 - Report and Recommendation)(cla) [Transferred from okwd on 6/6/2017.]

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TERRY LEE HUTTON, JR.,

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Plaintiff,
vs.
ANDE HOWRY, et al..,
Defendants.

NO. CIV-17-0474-HE

ORDER
Plaintiff Terry Hutton Jr. filed a pro se complaint asserting claims under 42 U.S.C.
§ 1983 against defendants Ande Howry, Dale Brewer, Mardy Garison, and Donna
Raymond. He alleges these defendants, in their official capacities as employees of the
Corrections Corporation of America, the Oklahoma Department of Corrections, and the
Missouri Department of Corrections, violated his rights by transferring him from a
medium-security prison to a maximum-security facility in retaliation for reporting a
violation of the Prison Rape Elimination Act.
This matter was referred to U.S. Magistrate Judge Bernard M. Jones for initial
proceedings, consistent with 28 U.S.C. § 636(b)(1)(B). Judge Jones issued a Report and
Recommendation, which concluded that venue is not appropriate in the Western District
of Oklahoma. The Report recommended the transfer of this case to the U.S. District Court
for the Eastern District of Oklahoma—the court for the jurisdiction in which a substantial
part of the alleged events giving rise to the claims occurred. See 28 U.S.C. § 1391(b). The
Report advised plaintiff of his right to object to its findings and conclusions by May 18,
2017.

Plaintiff has since filed several motions but has not filed an objection to the Report.
He has therefore waived appellate review of the factual and legal issues addressed in it.
Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010); 28 U.S.C. § 636(b)(1).
Accordingly, the court ADOPTS the Report [Doc. #5], a copy of which is attached to this
order. This case is TRANSFERRED to the U.S. District Court for the Eastern District of
Oklahoma.
IT IS SO ORDERED.
Dated this 5th day of June, 2017.

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