Colum v. Garfield County Detention Facility et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION 28 of Magistrate Judge Gary Purcell and grants defendant Bill Winchester's motion 22 to dismiss the claims against him in his individual and official capacities and dismissing case without prejudice. Signed by Honorable Joe Heaton on 12/05/2012. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROSHUN LARON COLUM,
Plaintiff,
vs.
BILL WINCHESTER,
Defendant.

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Case No. CIV-12-0561-HE

ORDER
Plaintiff Roshun Colum, a state prisoner appearing pro se and in forma pauperis, filed
this civil rights action under 42 U.S.C. § 1983 against defendant Bill Winchester, Garfield
County Sheriff, and the Garfield County Detention Facility. Presently before the court is
defendant Bill Winchester’s Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) [Doc.
# 22]. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was referred for initial
proceedings to Magistrate Judge Gary M. Purcell. Judge Purcell has recommended that the
motion be granted and that plaintiff’s action be dismissed without prejudice. Objections to
the magistrate judge’s report and recommendation were due by November 26, 2012.
Plaintiff, having failed to object to the report and recommendation,1 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

1

It may be that plaintiff did not receive notice of the Report and Recommendation due to his
having been transferred or otherwise released from the Garfield County facility. However, plaintiff
has not complied with the local rules of court requiring him to maintain a current address with the
clerk. L.Cv.R. 5.4(a).

proposed findings or recommendations to which objection is made.” (emphasis added)).
Accordingly, the court ADOPTS Magistrate Judge Purcell’s Supplemental Report and
Recommendation [Doc. #29] and GRANTS defendant Bill Winchester’s motion to dismiss
the claims against him in his individual and official capacities [Doc. #22]. This case is
DISMISSED without PREJUDICE.2
The clerk of court is directed to mail a copy of this order both to the address listed on
the court’s appearance docket and to any current address indicated by the records of the
Oklahoma Department of Corrections.
IT IS SO ORDERED.
Dated this 5th day of December, 2012.

2

Plaintiff also named Garfield County Detention Facility as a defendant, but plaintiff has not
attempted service on that defendant.