Uzochukwu v. Jones et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATION for 47 Report and Recommendation of Magistrate Judge Robert Bacharach and grants defendant Jones's motion to dismiss and dismisses plaintiff's claims against defendant Jones without prejudice. Signed by Honorable Joe Heaton on 01/14/2013. (lam)

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

)
)
)
)
)
)
)
)

NO. CIV-11-1512-HE

ORDER
Plaintiff Larry Uzochukwu, a state prisoner appearing pro se, filed this § 1983 action
alleging he was subject to excessive force, denied medical care and possibly retaliated
against in violation of his constitutional rights while incarcerated. Consistent with 28 U.S.C.
§636(b)(1)(B), the matter was referred to Magistrate Judge Robert E. Bacharach, who has
recommended that the motion to dismiss filed by defendant Justin Jones, the Director of the
Oklahoma Department of Corrections be granted.
Plaintiff failed to object to the magistrate judge’s Report and Recommendation and
thereby waived his right to appellate review of the factual and legal issues it addressed.
United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996); see
28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Bacharach’s
Report and Recommendation, GRANTS defendant Jones’s motion [Doc. #30] and
DISMISSES plaintiff’s claims against defendant Jones without prejudice.

IT IS SO ORDERED.
Dated this 14th day of January, 2013.

2