Kerchee et al v. Smith et al

Filing 155

ORDER ADOPTING #143 REPORT AND RECOMMENDATION, unidentified OBA employees terminated.. Signed by Honorable Robin J. Cauthron on 12/7/11. (lg, )

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

MELVIN KERCHEE, JR., and
DEBORAH SEQUICHIE-KERCHEE,
Plaintiffs,
vs.
JUDGE MARK SMITH, et al.,
Defendants.

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No. CIV-11-459-C

ORDER

This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Robert E. Bacharach consistent with the provisions of 28
U.S.C. § 636(b)(1)(B). Judge Bacharach entered a Report and Recommendation on
November 17, 2011, to which Plaintiff has timely objected. The Court therefore considers
the matter de novo.
Plaintiff’s only objection is that he has not been permitted to conduct discovery in
order to identify the unidentified employees of the Oklahoma Bar Association described in
his Complaint. However, as the Court has found in other orders, these Defendants owe
Plaintiff no duty, and even if they were identified and served, the Complaint against them
would be dismissed.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, dismisses the claims against the
unidentified employees of the Oklahoma Bar Association. The case is recommitted to the
Magistrate Judge under the original Order of Referral.
IT IS SO ORDERED this 7th day of December, 2011.

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