Free v. Oklahoma Department of Corrections et al

Filing 24

ORDER ADOPTING 22 Supplemental Report and Recommendation. Plf's claims against dft Oklahoma Department of Corrections are DISMISSED w/prejudice pursuant to 28 USC § 1915A(b) on the ground of Eleventh Amendment immunity. This action remains referred. Signed by Honorable Stephen P. Friot on 9/20/13. (llg)

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

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Case No. CIV-13-0087-F

ORDER
Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging that his First
Amendment and Eighth Amendment rights were violated by Defendant Oklahoma
Department of Corrections (ODOC), and by Defendant Al Kelly, food service
manager at the Lawton Corrections Center. The August 30, 2013, Supplemental
Report and Recommendation by Magistrate Judge Gary M. Purcell, doc. no. 22 (the
Report), recommends that defendant ODOC be dismissed from this action pursuant
to 28 U.S.C. § 1915A(b), on the ground of immunity.1 The Report advises that any
objection to the Report must be filed by September 19, 2013, and states that failure
to make timely objection to the Report waives appellate review of the recommended
ruling. No objection to the Report has been filed, and no request for an extension of
time has been sought.

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Doc. no. 22 also includes orders vacating as moot a prior order by the magistrate judge
which had granted plaintiff leave to proceed in forma pauperis, and extending a deadline previously
set by the magistrate judge for filing return of service reflecting service of process on Defendant
Kelly.

Having reviewed the matter, and with there being no objection, the court agrees
with the Report and finds that no purpose would be served by any further analysis
here.
Accordingly, the Supplemental Report and Recommendation of Magistrate
Judge Purcell is ACCEPTED, ADOPTED and AFFIRMED in its entirety.
Plaintiff’s claims against defendant Oklahoma Department of Corrections are
DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b) on the ground of
Eleventh Amendment immunity. This action remains referred.
Dated this 20th day of September, 2013.

13-0087p004.wpd

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