Whitmore v. Hill et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION 33 , granting 31 defendants' amended motion for summary judgment and finding moot 34 plaintiffs' second motion for default judgment, 35 plaintiff's second motion for entry of default, and 36 plaintiff's motion to supplement motion for default. Signed by Honorable Vicki Miles-LaGrange on 5/25/2011. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DAVID WHITMORE,
Plaintiff,
vs.
RONALD HILL, et al.,
Defendants.

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Case No. CIV-10-576-M

ORDER
On April 26, 2011, United States Magistrate Judge Doyle W. Argo issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983. The Magistrate Judge
recommended that defendants’ amended motion for summary judgment be granted. Plaintiff was
given until May 16, 2011 to file any objections to the Report and Recommendation. Plaintiff’s
objection was filed on May 23, 2011.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation issued by the Magistrate Judge on April
26, 2011;

(2)

GRANTS defendants’ Amended Motion for Summary Judgment [docket no. 31];

(3)

FINDS plaintiff’s Second Motion for Default Judgment [docket 34], plaintiff’s
Second Motion for Entry of Default [docket 35] and plaintiff’s Motion to
Supplement Motion for Default [docket no. 36] now MOOT; and

(4)

ORDERS that judgment issue forthwith in favor of defendants and against plaintiff.

IT IS SO ORDERED this 25th day of May, 2011.