Oliver v. Garfield County Detention Facility et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable David L. Russell on 2/29/12. (ns, )

THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TROY WILLIAM OLIVER,
Plaintiff,
v.
GARFIELD COUNTY DETENTION
FACILITY, et al.,
Defendants.

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Case No. CIV-10-1281-R

ORDER
Before the Court is the Report and Recommendation of United States Magistrate Judge Bana
Roberts entered February 8, 2012. Doc. No. 47. No objection to the Report and Recommendation
has been filed, nor has an extension of time in which to object been sought or granted. Therefore,
the Report and Recommendation of the Magistrate Judge [Doc. No. 47] is ADOPTED, Defendants’
motion to dismiss Plaintiff’s Complaint is GRANTED and Plaintiff’s Complaint is DISMISSED.
Plaintiff’s Complaint against Defendant Garfield County Detention Center is dismissed with
prejudice. Plaintiff’s claims regarding violation of his privacy (Count I) are dismissed with
prejudice. Plaintiff’s remaining claims (Counts II & III) are dismissed without prejudice. Dismissal
of Plaintiff’s Complaint shall count as a “prior occasion” or strike pursuant to 28 U.S.C. § 1915(g).
See Hafed v. Federal Bureau of Prisons, 635 F.3d 1172, 1176, 1177 (10th Cir. 2011).
IT IS SO ORDERED this 29th day of February, 2012.