McMiller v. GEO Group Inc et al

Filing 83

ORDER ADOPTING 80 REPORT AND RECOMMENDATION, DENYING 71 Second Motion to Dismiss filed by GEO Group Inc, Unit Manager Benard, and Case Manager Taylor, and RE-REFERRING this matter to Magistrate Judge Erwin for further proceedings. Signed by Honorable Lee R. West on 1/3/2014. (njr)

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IN THE UNITED STATES DISTRICT COURT FOR
.IClt\\ -

THE WESTERN DISTRICT OF OKLAHOMA
TYRONE HENRY McMILLER,
Plaintiff,
vs.
GEO GROUP, INC. , et aI.,
Defendants.

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3 2014

ROBER TD. Df:t~NIS, CLERK
U.S.DIST. COURT, WESTERN DIST. OF OKLA.
BYUtt£
DEPUTY

No. CIV-12-1060-W

ORDER
On December 5, 2013, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation in this matter and recommended that the Second Motion to
Dismiss [Doc. 71] filed by defendants GEO Group, Inc., Unit Manager Bernard and Case
Manager Taylor be denied. These defendants were advised of their right to object to the
Report and Recommendation, see Doc. 80 at 2, but no objections have been filed within
the allotted time.
Upon review of the record, including the second amended complaint [Doc. 82] filed
by plaintiff Tyrone Henry McMiller, proceeding pro se, the Court concurs with Magistrate
Judge Erwin's suggested disposition of the defendants' request for dismissal.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 80] issued on December 5,
2013;
(2) DENIES the Second Motion to Dismiss [Doc. 71] filed on October 14, 2013, by
defendants GEO Group, Inc., Unit Manager Bernard and Case Manager Taylor; and

(3) RE-REFERS this matter to Magistrate Judge Erwin for further proceedings.
ENTERED this

.3~day of January, 2014.

EE R. WEST
UNITED STATES DISTRICT JUDGE

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