Bollenbach v. Kingfisher Police Department et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATION the Court GRANTS Catron's 35 Motion to Dismiss; DISMISSES w/prej Bollenbach's section 1983 claims asserted agst and seeking relief fm Catron; ADOPTS the 57 Report and Recommendation; and because the R&R did not dispose of all issues raised by Bollenbach in his compl, RE-REFERS this matter to Magistrate Judge Erwin for further prcdgs. Signed by Honorable Lee R. West on 9/12/12. (ap)

IN THE UNITED STATES DISTRICT COURT FOR

FILED

SEP 1 22012

THE WESTERN DISTRICT OF OKLAHOMA
STEPHEN JOSEPH BOLLENBACH,
Plaintiff,
vs.
STATE OF OKLAHOMA et aI.,
Defendants.

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ROBERT D. DENNiS, CLERK
U.S. DIST. COURT, WESTERN DIST. OF OKLA.
BY
DEPUTY

7AJ./r

No. CIV-11-857-W

ORDER
On August 13, 2012, United States Magistrate Judge Shon T. Erwin issued a Report
and Recommendation in this matter and recommended that the Motion to Dismiss filed by
defendant David Catron, in his individual and official capacities, be granted. Although
plaintiff Stephen Joseph Bollenbach, who is proceeding pro se, was advised of his right to
object, see Doc. 57 at 5, no objections have been filed within the allotted time.
Upon review of the record, the Court concurs with Magistrate Judge Erwin's
suggested disposition of Catron's Motion to Dismiss and with Magistrate Judge Erwin's
findings that Bollenbach's claims against Catron that seek relief under title 42, section 1983
of the United States Code based upon Catron's actions in "obtain[ing] a warrant with
perjured testimony ... ," Doc. 1 at 1, are time-barred and, thus, subject to dismissal.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 57] filed on August 13, 2012;
(2) GRANTS Catron's Motion to Dismiss [Doc. 35] filed on December 2, 2011;
(3) DISMISSES with prejudice Bollenbach's section 1983 claims asserted against,
and seeking relief from, Catron; and

(4) because the Report and Recommendation did not dispose of all issues raised
by Bollenbach in his complaint, RE-REFERS this matter to Magistrate Judge Erwin for
further proceedings.
ENTERED this

/c?{iL day of September, 2012.

LE
. WEST
U TED STATES DISTRICT JUDGE

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