Berryhill v. United States of America et al

Filing 31

ORDER ADOPTING 21 REPORT AND RECOMMENDATION; dismissing case; all pending motions stricken as moot. Signed by Honorable Robin J. Cauthron on 5/15/12. (lg, )

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

LAVERN BERRYHILL,
Plaintiff,
vs.
UNITED STATES OF AMERICA, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. CIV-12-225-C

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff brought the present action pursuant to 42 U.S.C. § 1983, seeking recompense
for alleged violations of his constitutional rights. Consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B), this action was referred to United States Magistrate Judge Robert E.
Bacharach. Judge Bacharach entered a Report and Recommendation on April 17, 2012,
recommending Plaintiff’s case be summarily dismissed as frivolous. Plaintiff has objected
to the recommendation.
The facts and law are accurately set out in the Magistrate Judge’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. As Judge
Bacharach noted, Plaintiff has failed to present a legally cognizable claim. Moreover, the
Court notes that Plaintiff has incurred at least 15 strikes under 42 U.S.C. § 1915(g) for filing
frivolous matters (see Berryhill v. Workman, et al., CIV-11-324-FHS-SPS (E.D. Okla. Feb.

14, 2012) (Dkt. No. 7)), yet Plaintiff has failed to demonstrate that he is in imminent danger
of serious physical harm.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 21), and summarily dismisses this action as frivolous. All
pending motions are STRICKEN as moot.
IT IS SO ORDERED this 15th day of May, 2012.

2