Stutes v. Tipton et al

Filing 42

ORDER adopting Report and Recommendations 38 , granting 27 defendants' motion for summary judgment with respect to plaintiff's failure to administratively exhaust his procedural due process claim and retaliationclaim as required by 42 U.S.C. section 1997e(a), and denying defendants' motion for summary judgment as to plaintiff's Eighth Amendment conditions of confinement claim. Signed by Honorable John Thomas Marten on 3/31/2010. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA KIRK STUTES, Plaintiff, vs. JASON TIPTON, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. CIV-08-207-M

ORDER On February 23, 2010, United States Magistrate Judge Bana Roberts issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging violation of plaintiff's civil rights by exposing him to cold weather conditions and retaliation by prison officials. The Magistrate Judge recommended that defendants' motion for summary judgment be granted with respect to plaintiff's failure to administratively exhaust his procedural due process claim and retaliation claim as required by 42 U.S.C. § 1997e(a) and denied as to plaintiff's Eighth Amendment conditions of confinement claim. The parties were advised of their right to object to the Report and Recommendation by March 15, 2010. On March 15, 2010, defendants Figueroa, Crouse and Wright filed their objection. Having carefully reviewed this matter de novo, the Court: (1) (2) ADOPTS the Report and Recommendation issued by the Magistrate Judge on March 15, 2010; GRANTS defendants' motion for summary judgment with respect to plaintiff's failure to administratively exhaust his procedural due process claim and retaliation claim as required by 42 U.S.C. § 1997e(a) [docket no. 27]; and

(3)

DENIES defendants' motion for summary judgment as to plaintiff's Eighth

Amendment conditions of confinement claim. IT IS SO ORDERED this 31st day of March, 2010.