Davis v. McCollum et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION 14 of Magistrate Judge Robert Bacharach and the complaint is dismissed without prejudice...a separate judgment will be filed contemporaneously with this order. Signed by Honorable Joe Heaton on 08/20/2012. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
EZEKIEL DAVIS,
Plaintiff,
vs.
TRACY MCCOLLUM, ET AL.
Defendants.

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Case No. CIV-12-0295-HE

ORDER
Plaintiff Ezekiel Davis, a state prisoner appearing pro se, filed this civil rights action
under 42 U.S.C. § 1983. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was referred
for initial proceedings to Magistrate Judge Robert E. Bacharach. Judge Bacharach has
recommended that the complaint be dismissed without prejudice because plaintiff has failed
to pay the required initial partial filing fee. Objections to the magistrate judge’s report and
recommendation were due by June 28, 2012.
Plaintiff, having failed to object to the report and recommendation, has waived his
right to review of the factual and legal issues it addressed. United States v. 2121 E. 30th St.,
73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A judge of the
court shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” (emphasis added)).
Accordingly, the Report and Recommendation [Doc. #14] is ADOPTED and the complaint
is DISMISSED without prejudice. A separate judgment will be filed contemporaneously
with this order. Fed. R. Civ. P. 58(a).

IT IS SO ORDERED.
Dated this 20th day of August, 2012.

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