Johnson v. City of McAlester et al

Filing 19

ORDER by District Judge Ronald A. White affirming and adopting 18 Amended Report and Recommendation; finding as moot 16 Report and Recommendation; granting 11 Defendants' Motion to Dismiss Case. (tls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DONDRE C. JOHNSON,

Plaintiff,
v.
CITY OF MCALESTER, et al.,

Defendants.

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Case No. CIV-24-409-RAW-GLJ

ORDER
On January 13, 2025, the Magistrate Judge issued a Report and Recommendation. On
January 21, 2025, plaintiff (appearing pro se) filed an objection thereto. On January 23,
2025, the Magistrate Judge issued an Amended Report and Recommendation. Plaintiff did
not file an objection to the Amended Report and Recommendation, but both Reports and
Recommendation are virtually identical and the court will consider plaintiff’s objection.
Plaintiff having filed a timely objection, the court must conduct a de novo review of
the issues specifically raised by the objection, and may accept, modify, or reject the
recommended disposition; receive further evidence; or return the matter to the Magistrate
Judge with instructions. See 28 U.S.C. §636(b)(1); Rule 72(b)(3) F.R.Cv.P. Defendants
have not filed a response to the objection. The undersigned has reviewed the record.
The Amended Report and Recommendation recommends that defendants’ motion to
dismiss be granted based on (1) the statute of limitations regarding plaintiff’s §1983 claim

and (2) plaintiff’s failure to comply with the Oklahoma Governmental Tort Claims Act
regarding his claim under Oklahoma law for negligence.
Plaintiff’s objection appears to be directed at (2) and asserts that he did submit a state
tort law administrative claim in 2017. He asserts that “no one was able to locate it” and he
attaches to his objection a notice of tort claim filed in 2023. As plaintiff asserts that his
rights were violated by McAlester police on January 24, 2017, the present record supports
the recommendation of the Magistrate Judge.
It is the order of the court that the objection of the plaintiff (#17) is hereby denied.
The Amended Report and Recommendation (#18) is affirmed and adopted as the order of the
court. The original Report and Recommendation (#16) is deemed moot. Defendants’ motion
to dismiss (#11) is granted.

IT IS SO ORDERED this 12th day of March, 2025.

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RONALD A. WHITE
UNITED STATES DISTRICT JUDGE

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