Bollenbach v. Kingfisher Police Department et al

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATION the Court GRANTS the Rule 56 50 Motion to Dismiss, Motion for Summary Judgment, filed by Eldon Dickson, in his individual and official capacities; the Court ADOPTS the 67 Report and Recommendation; RE-REFERS this matter to Magistrate Judge Erwin for further proceedings. Signed by Honorable Lee R. West on 3/6/13. (ap)

IN THE UNITED STATES DISTRICT COURT FOR

F ILED

THE WESTERN DISTRICT OF OKLAHOMA

MAR - 6 2013

STEPHEN JOSEPH BOLLENBACH,
Plaintiff,
vs.

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R BERT D. DENNI3, CLERK
O
U.S.DIST. C URT, WESTERN DIST. OF OKLA.
O
BY y ;W
DEPUTY

No. CIV-11-857-W

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STATE OF OKLAHOMA et aL,
Defendants.

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ORDER
On January 31, 2013, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation in this matter and recommended that the Court grant the
Motion to Dismiss, or in the Alternative, Motion for Summary Judgment filed by defendant
Eldon Dickson, individually and in his official capacity as undersheriff for the Kingfisher
County Sheriffs Office. Plaintiff Stephen Joseph Bollenbach, proceeding pro se, did not
respond to Dickson's request for dismissal or for summary judgment; he likewise has filed
no objections to the Report and Recommendation within the allotted time.
Accordingly, the Court, upon its review of the record, concurs with Magistrate Judge
Erwin's decision to consider the matter under Rule 56, F.R.Civ.P., and his suggested
disposition of Dickson's requestfor summary judgment. Bollenbach has failed to establish
a genuine issue of material fact with regard to Dickson's personal involvement in subjecting
Bollenbach to the allegedly unconstitutional conditions of confinement about which he has
complained. The Court likewise finds that Bollenbach has failed to establish for purposes
of his claims against Dickson in his official capacity that Dickson had final policymaking
authority with regard to the Kingfisher County Jail.

Finally, the Court finds that

Bollenbach's claim grounded on the monitoring and collection of his urine sample, which
accrued no later than October 23,2008, is time-barred. See 12 O.S. § 95(A)(3).
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 67] filed on January 31,2013;
(2) GRANTS under Rule 56, supra, the Motion to Dismiss, or in the Alternative,
Motion for Summary Judgment [Doc. 50] filed by Dickson, in his individual and official
capacities, on April 16,2012; and
(3) because the Report and Recommendation does not dispose of all issues raised
by Bollenbach in his complaint, RE-REFERS this matter to Magistrate Judge Erwin for
further proceedings.
ENTERED this

a.

day of March, 2013.

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E
ED STATES DISTRICT JUDGE

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