Al-Fuyudi v. Corrections Corporation of America et al

Filing 80

ORDER adopting Report and Recommendations re 78 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 2/26/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KIFAH MUHAMMADU AL-FUYUDI,
Plaintiff,
v.
CORRECTION CORPORATION OF
AMERICA, et al.,
Defendants.

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Case No. CIV-12-1170-D

ORDER
This matter is before the Court for review of the Report and Recommendation [Doc.
No. 78], issued by United States Magistrate Judge Bernard M. Jones pursuant to 28 U.S.C.
§ 636(b)(1)(B) and (C). Judge Jones recommends a dismissal without prejudice of Plaintiff’s
action against three defendants – Warden Fred Figueroa, Mr. Griffin, and “Head of
Maintenance” (Merle Eppert) – due to Plaintiff’s failure to prosecute his case, and, as to two
defendants (Griffin and Eppert), failure to effect service of process.1
Plaintiff has neither filed a timely objection to this Report nor requested additional
time to object, although he was advised of his rights and given notice of the waiver rule.
Under the circumstances shown by the case record, the Court finds that Plaintiff has waived
further judicial review. 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).2

1

A second Report and Recommendation regarding Plaintiff’s action against other defendants [Doc.
No. 77], to which Plaintiff has objected, will be addressed by a separate order.
2

Plaintiff has elected to object only to a separate Report issued the same day. See note 1 supra.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 78]
is ADOPTED in its entirety. This action is DISMISSED without prejudice to refiling as to
Defendants Fred Figueroa, Mr. Griffin, and “Head of Maintenance” (Merle Eppert). A
judgment of dismissal of these defendants shall be included in the final judgment to be
entered after the disposition of all claims and parties.
IT IS SO ORDERED this 26th day of February, 2016.

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