Lewis v. Payne County of et al

Filing 11

ORDER 9 Report and Recommendation. This action is DISMISSED w/o prej pursuant to 28 USC 1915 & 1915A for failure to state a claim upon which relief may be granted, & on the ground that plf seeks monetary relief against a dft who is immune from such relief. This dismissal counts as a "strike" pursuant to 28 USC 1915(g) after plf has exhausted or waived his appeals. Signed by Honorable Stephen P. Friot on 5/4/11. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HERBERT R. LEWIS, JR.,
Plaintiff,
vs.
R.B. HAUF, Sheriff, et al.,
Defendants.

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Case No. CIV-11-0196-F

ORDER
Plaintiff Herbert R. Lewis, Jr., a state prisoner appearing pro se and in forma
pauperis whose pleadings are liberally construed, has filed a civil rights action
pursuant to 42 U.S.C. § 1983. The April 11, 2011, Report and Recommendation of
Magistrate Judge Valerie K. Couch (doc. no. 9) recommends that the complaint be
dismissed sua sponte for failure to state a claim upon which relief may be granted and
on the ground that plaintiff seeks monetary relief against a defendant who is immune
from such relief. The Report also recommends that the dismissal count as a “strike”
pursuant to 28 U.S.C. §1915(g) after plaintiff has exhausted or waived his appeals.
The Report advised that any objection to the Report must be filed by May 2, 2011, and
that failure to make timely objection to the Report waives the right to appellate review
of factual and legal issues addressed in the Report. No objection to the Report has
been filed, and no request for an extension of time within to file such an objection has
been sought.1

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Plaintiff’s copy of the Report was returned to the court as undeliverable at that address.
(Doc. no. 10.)

Having conducted its own review, and with there being no objection, the court
finds that it agrees with the Report. It further finds that no purpose would be served
by stating any further analysis here.
Accordingly, the Report and Recommendation of Magistrate Judge Couch is
ACCEPTED, ADOPTED and AFFIRMED in its entirety.

This action is

DISMISSED without prejudice pursuant to 28 U.S.C. § § 1915 and 1915A for failure
to state a claim upon which relief may be granted, and on the ground that plaintiff
seeks monetary relief against a defendant who is immune from such relief. It is
further ordered that this dismissal count as a “strike” pursuant to 28 U.S.C. § 1915(g)
after plaintiff has exhausted or waived his appeals.
Dated this 4th day of May, 2011.

11-0196p002.wpd

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