Allen v. Oklahoma Department of Corrections et al

Filing 25

ORDER ADOPTING 23 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 9/21/11. (lg, )

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

MICHAEL FRANCIS REED ALLEN,
Plaintiff,
vs.
OKLAHOMA DEPARTMENT OF
CORRECTIONS, LEXINGTON,
CORRECTIONAL FACILITY,
TAMMY HILL, in her personal and
official capacities, and
MR. FRANKLIN, in his personal
and official capacities,
Defendants.

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No. CIV-11-78-C

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation entered by United
States Magistrate Judge Robert E. Bacharach on August 23, 2011. The court file reflects that
no party has objected to the Report and Recommendation within the time limits prescribed.*
Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation of the Magistrate Judge (Dkt. No. 23)
is adopted. Defendants Hill and Franklin’s motion to dismiss the official capacity claims
based on Eleventh Amendment Immunity is granted. Defendants’ Motion for Summary

*

Although the Report and Recommendation mailed to Petitioner was returned as
undeliverable, no other address has been provided by him as required by LCvR 5.4: “Papers sent
by the Court will be deemed delivered if mailed to the last known address given to the Court.”

Judgment in their individual capacities is likewise granted. A judgment shall enter
accordingly.
IT IS SO ORDERED this 21st day of September, 2011.

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