Free v. Garcia et al

Filing 31

ORDER ADOPTING 27 Report and Recommendation, GRANTING 16 Motion to Dismiss filed by Paul Lawrence, Patricia Garcia, Dee Butler. 1 Plaintiff's Complaint is DISMISSED 1) w/o prejudice w/respect to plf's claims seeking monetary reli ef against dfts in their official capacities; 2) w/prejudice w/respect to plf's claims against dft Butler; 3) w/prejudice w/respect to plf's claims seeking relief from dfts Lawrence & Garcia for alleged constitutional violations occurring before 1/11/11; & 4) w/o prejudice, & subject to the right to amend, w/respect to all remaining claims against dfts Lawrence & Garcia. 29 Motion for Change of Judge and Venue filed by Wesley D Free is DENIED. 30 Motion to Amend Complaint filed by Wesley D Free is REFERRED to Magistrate Judge Charles B Goodwin. Case is REFERRED BACK to Magistrate Judge Charles B Goodwin. Signed by Honorable Stephen P. Friot on 2/27/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WESLEY D. FREE,
Plaintiff,
vs.
PATRICIA GARCIA, et al.,
Defendants.

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Case No. CIV-13-48-F

ORDER
Before the court are the Report and Recommendation of United States
Magistrate Judge Charles B. Goodwin (doc. no. 27) and plaintiff’s response to the
Report and Recommendation. See doc. no. 28. Also before the court are plaintiff’s
motion for change of judge and venue (doc. no. 29) and motion to amend complaint
(doc. no. 30).
Plaintiff’s response to the Report and Recommendation is essentially a rant
against the Magistrate Judge, this court, and Eleventh Amendment immunity.
Nevertheless, the court has reviewed the Report and Recommendation of the
Magistrate Judge de novo in light of the record herein. The court fully concurs in the
findings, conclusions, and recommendations of the Magistrate Judge in his thorough
Report and Recommendation. Therefore, the Report and Recommendation of the
Magistrate Judge is ADOPTED in its entirety. Defendants’ motion to dismiss (doc.
no. 16) is GRANTED, and plaintiff’s complaint is DISMISSED 1) without prejudice
with respect to plaintiff’s claims seeking monetary relief against defendants in their
official capacities; 2) with prejudice with respect to plaintiff’s claims against
defendant Butler; 3) with prejudice with respect to plaintiff’s claims seeking relief

from defendants Lawrence and Garcia for alleged constitutional violations occurring
before January 11, 2011; and 4) without prejudice, and subject to the right to amend,
with respect to all remaining claims against defendants Lawrence and Garcia.
Plaintiff’s motion for a change of judge and venue (doc. no. 29) is DENIED.
Plaintiff’s motion to amend complaint (doc. no. 30) is REFERRED to the Magistrate
Judge for disposition. Further, this action is REFERRED BACK to the Magistrate
Judge for all purposes stated in the original referral including further proceedings
consistent with this order.
ENTERED this 27th day of February, 2014.

13-0048p001.wpd

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