Jaquez v. Jones et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATION for 36 Report and Recommendation, GRANTING 25 Motion to Dismiss filed by Justin Jones. Signed by Honorable Stephen P. Friot on 6/21/12. (kr)

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

HENRY JOSEPH JAQUEZ,
Plaintiff,
-vsJUSTIN JONES, et al.,
Defendants.

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Case No. CIV-11-1406-F

ORDER
On May 17, 2012, United States Magistrate Judge Bana Roberts issued a Report
and Recommendation (doc. no. 36), wherein she recommended that defendant, Justin
Jones’ motion to dismiss (doc. no. 25) be granted and that plaintiff’s claim for
monetary damages against defendant, Justin Jones, in his official capacity, be
dismissed with prejudice and plaintiff’s remaining claims against defendant, Justin
Jones, be dismissed without prejudice for failure to state a viable claim for relief. In
the Report and Recommendation, Magistrate Judge Roberts advised the parties of
their right to object to the Report and Recommendation by June 6, 2012 and that
failure to make timely objection to the Report and Recommendation waives the right
to appellate review of both the factual and legal issues therein contained.
To date, no objection has been filed. With no objection being filed, the court
accepts, adopts and affirms the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Bana Roberts on May 17, 2012 (doc. no. 36) is ACCEPTED,
ADOPTED and AFFIRMED. Defendant Justin Jones’ Motion to Dismiss (doc. no.
25) is GRANTED. Plaintiff’s claim for monetary damages against defendant, Justin

Jones, in his official capacity, is DISMISSED WITH PREJUDICE and plaintiff’s
remaining claims against defendant, Justin Jones, are DISMISSED WITHOUT
PREJUDICE for failure to state a viable claim for relief.
DATED June 21, 2012.

11-1406p002.wpd

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