Free v. Oklahoma Department of Corrections et al

Filing 33

ORDER ADOPTING 31 Second Supplemental Report and Recommendation, DISMISSING w/o prejudice plf's cause of action against dft Al Kelly. Signed by Honorable Stephen P. Friot on 1/30/14. (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
Before the court are the Second Supplemental Report and Recommendation of
United States Magistrate Judge Gary M. Purcell (doc. no. 31) and plaintiff’s Objection
to the Second Supplemental Report and Recommendation (doc. no. 32). The
Magistrate Judge has recommended that plaintiff’s cause of action against the one
remaining defendant, defendant Al Kelly, be dismissed without prejudice for failure
to effect service of process on defendant Kelly. This recommendation follows two
permissive extensions of time to effect service and plaintiff’s one attempt to effect
service in this case that is twelve months old.
In plaintiff’s objection he makes no argument and presents no evidence that
service was proper. Instead he strongly implies that the court is cheating or stealing
from him. He states that if he is not going to get his day in court, the court should at
least refund his filing fee. But it was plaintiff’s responsibility upon filing this action
to comply with the Federal Rules of Civil Procedure. Plaintiff’s failure to do so does
not warrant a refund of his filing fee.

The Second Supplemental Report and Recommendation of the Magistrate Judge
(doc. no. 31) is ADOPTED, and plaintiff’s cause of action against defendant Al Kelly
is DISMISSED without prejudice.
Dated this 30th day of January, 2014.

13-0087p005.wpd

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