Darnell v. Oklahoma Department of Corrections et al

Filing 124

ORDER ADOPTING 121 REPORT AND RECOMMENDATION (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 9/24/2014. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RONNY DARNELL,
Plaintiff,
vs.
JUSTIN JONES, et al.,
Defendants.

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Case No. CIV-12-1065-M

ORDER
On August 29, 2014, United States Magistrate Judge Charles B. Goodwin issued a Report
and Recommendation in this action brought pursuant to 42 U.S.C. § 1983. The Magistrate Judge
recommended that Defendants’ Motion for Summary Judgment [Docket No. 96) be granted as
follows: Plaintiff’s claims for money damages against Defendants Justin Jones, Don Sutmiller,
Michael Addison, Buddy Honaker, James Keithley, and Joel McCurdy in their official capacities
should be dismissed without prejudice, and summary judgment should be entered for all defendants
on all remaining constitutional claims. In addition, the Magistrate Judge recommended that
Plaintiff’s Motion for Summary Judgment [Docket No. 118], Motion for a Temporary Restraining
Order or Preliminary Injunction [docket no. 107], and Motion for Production of Documents [docket
no. 116] should be denied. Finally, the Magistrate Judge recommended that Plaintiff’s requests to
amend the Amended Complaint [Docket Nos. 97, 112] should be DENIED, other than permitting
the substitution of current ODOC Director Robert Patton for former ODOC Director Justin Jones
on all official-capacity claims in any further proceedings. The parties were advised of their right to
object to the Report and Recommendation by September 15, 2014. Plaintiff timely filed her
objection.
Having carefully reviewed this matter de novo, the Court:

(1)

ADOPTS the well reasoned Report and Recommendation [docket no. 121] issued by
the Magistrate Judge on August 29, 2014;

(2)

GRANTS defendants’ motion for summary judgment [docket no. 96] as follows: any
claims against defendants Justin Jones, Don Sutmiller, Michael Addison, Buddy
Honaker, James Keithley, and Joel McCurdy in their official capacities seeking
money damages are dismissed without prejudice, and summary judgment is entered
for all defendants on all of plaintiff’s remaining constitutional claims;

(3)

DENIES plaintiff’s Motion for Summary Judgment [docket no. 118], Motion for a
Temporary Restraining Order or Preliminary Injunction [docket no. 107], and
Motion for Production of Documents [docket no. 116];

(4)

GRANTS in part and DENIES in part plaintiff’s Motion for Leave to Amend [docket
nos. 97, 112] as follows: the Court grants plaintiff’s motion to the extent plaintiff
seeks to substitute current Oklahoma Department of Corrections (“ODOC”) Director
Robert Patton for former ODOC Director Justin Jones on all official-capacity claims
in any further proceedings and hereby substitutes ODOC Director Robert Patton for
former ODOC Director Justin Jones; the Court DENIES plaintiff’s motions to amend
as to her other requests in her motions to amend; and

(5)

DECLINES to exercise supplemental jurisdiction over plaintiff’s state-law
negligence claim.

IT IS SO ORDERED this 24th day of September, 2014.

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