Bollenbach v. Kingfisher Police Department et al
Filing
72
ORDER ADOPTING REPORT AND RECOMMENDATION; the Court GRANTS Lafferty's 69 Motion for Summary Judgment; ADOPTS the 71 Report and Recommendation; DISMISSES w/o prej Bollenbach's claims agst the State; and because all claims asserted by Bollenbach agst all dfts have now been resolved, ORDERS that a final judgment should be entered forthwith. Signed by Honorable Lee R. West on 4/29/13. (ap)
FILED
APR 2 9 2013
IN THE UNITED STATES DISTRICT COURT FOR
ROBERT O
.DENNIS, CLERK
THE WESTERN DISTRICT OF OKLAHOMA U.S.OIST.COURT,WESTERNOIST.OFOKlA
BY
STEPHEN JOSEPH BOLLENBACH,
Plaintiff,
vs.
STATE OF OKLAHOMA et aI.,
Defendants.
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DEPUTY
No. CIV-11-857-W
ORDER
On March 28, 2013, United States Magistrate Judge Shon T. Erwin issued a Report
and Recommendation in this matter and recommended that the Court grant the Motion for
Summary Judgment filed by defendant Katy Lafferty, a bail bondsman who is proceeding
pro se. Magistrate Judge Erwin also recommended that the Court find that the claims
asserted against defendant State of Oklahoma ("State") by plaintiff Stephen Joseph
Bollenbach, who is also proceeding pro se, are barred by the eleventh amendment to the
United States Constitution. Bollenbach was advised of his right to object to the Report and
Recommendation, but he has filed no objections within the allotted time.
Upon review of the record, the Court concurs with Magistrate Judge Erwin's
suggested disposition of Bollenbach's claims against Lafferty and the State. The claim
against Lafferty is time-barred, and the State is immune from suit.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 71] filed on March 28,2013;
(2) GRANTS Lafferty's Motion for Summary Judgment [Doc. 69] filed on February
25,2013;
(3) DISMISSES without prejudice Bollenbach's claims against the State; and
(4) because all claims asserted by Bollenbach against all defendants have now
been resolved, ORDERS that a final judgment should be entered in this matter forthwith.
See Docs. 9,62,64,66,70.
ENTERED this ~ day of April, 2013.
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