Kirtman v. United States Department of Justice et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION 7 and dismissing plf's claims without prejudice. Plf is granted leave to file an amended complaint by June 28, 2012. Signed by Honorable Joe Heaton on 6/14/12. (ch)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DERRICK EUGENE KIRTMAN,
Plaintiff,
vs.
UNITED STATES OF AMERICA, et al.,
Defendants.

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NO. CIV-12-504-HE

ORDER
Plaintiff Derrick Eugene Kirtman, a federal prisoner who is represented by counsel,
filed this Bivens1 action alleging he was denied necessary medical treatment, subjected to
excessive force and retaliated against while incarcerated at a federal correctional institution.
Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Gary M.
Purcell, who recommends that plaintiff’s federal claims be dismissed without prejudice for
failure to state a claim for relief under Bivens and on the basis of sovereign immunity. He
also recommends that the court decline to exercise supplemental jurisdiction over plaintiff’s
state claims.
Plaintiff has objected to the Report and Recommendation, but does not address the
pleading deficiencies identified by the magistrate judge. He does, though, request leave to
file an amended complaint. Plaintiff’s claims will be dismissed, but he will be allowed to
amend.
Accordingly, the court adopts Magistrate Purcell’s Report and Recommendation and

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Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388

(1971).

dismisses plaintiff’s claims without prejudice. Plaintiff is granted leave to filed an amended
complaint by June 28, 2012.
IT IS SO ORDERED.
Dated this 14th day of June, 2012.

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