Johnson v. Ofsack et al

Filing 79

ORDER: ADOPTS Report and Recommendations re 78 issued by the Magistrate Judge on April 29, 2009; and DISMISSES the action agnst dft Michael Ofsack and "John Doe-Officers, dfts 3,4,5 and 6" pursuant to Federal Rule of Civil Procedure 4(m). Signed by Honorable Vicki Miles-LaGrange on 5/29/09. (fp, )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA BUCK ANDREWS JOHNSON, Plaintiff, vs. MICHAEL OFSACK, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. CIV-07-211-M

ORDER On April 29, 2009, United States Magistrate Judge Doyle Argo issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging the violation of certain constitutional rights during plaintiff's incarceration at the Oklahoma County Detention Center ("OCDC"). The Magistrate Judge recommends the Court dismiss without prejudice plaintiff's claims against defendant Michael Ofsack and "John Doe-Officers, defendants 3, 4, 5, and 6" pursuant to Federal Rule of Civil Procedure 4(m) based upon plaintiff's failure to timely serve them. A review of the file reveals no objection has been filed. Upon de novo review, the Court: (1) (2) ADOPTS the Report and Recommendation issued by the Magistrate Judge on April 29, 2009; and DISMISSES the action against defendant Michael Ofsack and "John Doe-Officers, defendants 3, 4, 5, and 6" pursuant to Federal Rule of Civil Procedure 4(m).

IT IS SO ORDERED this 29th day of May, 2009.