Taber v. Jones et al

Filing 17

ORDER granting 15 Motion to Dismiss; adopting Report and Recommendations re 16 Report and Recommendation. Case remains under referral to Judge Purcell. Signed by Honorable Timothy D. DeGiusti on 4/2/2013. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BARCLAY TABER,
Plaintiff,
v.
JUSTIN JONES, et al.,
Defendants.

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Case No. CIV-12-1113-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued by
United States Magistrate Judge Gary M. Purcell pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Purcell
recommends that Plaintiff’s request to dismiss two unserved defendants should be granted. The
record reflects no timely objection to the Report, and thus, the Court finds further review is waived.
See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East
30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 16] is
ADOPTED. Plaintiff’s Motion to Dismiss [Doc. No. 15] is GRANTED, and Defendants Claud
Chester and Theresa Holsten are DISMISSED WITHOUT PREJUDICE. The case remains under
referral to Judge Purcell for further proceedings with respect to the Complaint against Defendant
Justin Jones.
IT IS SO ORDERED this 2nd day of April, 2013.