Gonzalez v. Jones et al

Filing 50

ORDER ADOPTING 45 Report and Recommendation, ADOPTING 48 Report and Recommendation, GRANTING 27 Motion to Dismiss filed by Justin Jones, GRANTING 40 Motion for Summary Judgment filed by LCF Defendants. Plf's official capacity claims against dft Jones are DISMISSED w/prejudice, & plf's individual capacity claims against dft Jones are DISMISSED on the basis of qualified immunity. Signed by Honorable Stephen P. Friot on 5/31/13. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DEAN GONZALEZ,
Plaintiff,
vs.
JUSTIN JONES, et al.,
Defendants.

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Case No. CIV-11-1479-F

ORDER
Plaintiff Dean Gonzalez brings this civil rights complaint against the Lawton
Correctional Facility (LCF) defendants, who are: Warden Chester, Security Warden
Whitten, Health Administrator Stouffer, Health Administrator Pitts, and Grievance
Coordinator Johns. In addition to these LCF defendants, plaintiff also names the
Oklahoma Department of Corrections Director Justin Jones in his individual and
official capacities.
1.
Magistrate Judge Suzanne Mitchell entered a Report and Recommendation on
March 28, 2013. March Report and Recommendation at doc. no. 45; motion to
dismiss at doc. no. 27.
The March Report and Recommendation recommends that defendant Jones’
motion to dismiss be granted, that plaintiff’s official capacity claims against defendant
Jones be dismissed with prejudice, and that the individual capacity claims against
defendant Jones be dismissed on the basis of qualified immunity. The March Report
and Recommendation further advised the parties of their right to object to the Report
and Recommendation by April 18, 2013. The Report and Recommendation also

advised that failure to make timely objection waives the right to appellate review of
both factual and legal questions contained in the Report and Recommendation.
No objection has been filed to the March Report and Recommendation, and no
request for an extension has been submitted.
Having reviewed the March Report and Recommendation, and with there being
no objection, the court finds that it agrees with the recommendations of the magistrate
judge and that no purpose would be served by any further analysis here.
The Report and Recommendation of March 28, 2013, at doc. no. 45, is
ACCEPTED, ADOPTED and AFFIRMED. The motion to dismiss of defendant
Justin Jones is GRANTED, plaintiff’s official capacity claims against defendant Jones
are DISMISSED with prejudice, and plaintiff’s individual capacity claims against
defendant Jones are DISMISSED on the basis of qualified immunity.
2.
The Report and Recommendation of Magistrate Judge Mitchell entered
April 26, 2013, addresses the LCF defendants’ motion for summary judgment. April
Report and Recommendation at doc. no. 48, LCF defendants’ motion for summary
judgment at doc. no. 40.
In her April Report and Recommendation, Magistrate Judge Mitchell
recommends that the LCF defendants’ motion for summary judgment be granted by
reason of plaintiff’s failure to exhaust his administrative remedies prior to filing his
lawsuit. The April Report and Recommendation further advises the parties of their
right to object to the Report and Recommendation by May 16, 2013. The April
Report and Recommendation also advises that failure to make timely objection waives
the right to appellate review of both factual and legal questions contained in the
Report and Recommendation.

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No objection has been filed to the April Report and Recommendation, and no
request for an extension has been submitted.
Having reviewed the April Report and Recommendation, and with there being
no objection, the court finds that it agrees with the recommendations of the magistrate
judge and that no purpose would be served by any further analysis here.
The Report and Recommendation of April 26, 2013, at doc. no. 48, is
ACCEPTED, ADOPTED and AFFIRMED. The motion for summary judgment of
the Lawton Correctional Facility Defendants is GRANTED.
Dated this 31st day of May, 2013.

11-1479p003.wpd

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