Tenison v. Oklahoma Department of Corrections et al

Filing 35

ORDER ADOPTING 34 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 9/24/14. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

DAMEA S. TENISON,
Plaintiff,
vs.
OKLAHOMA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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No. CIV-13-110-C

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation entered by United
States Magistrate Judge Shon T. Erwin on August 18, 2014. The court file reflects that no
party has objected to the Report and Recommendation within the time limits prescribed.
Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and
the Motion for Summary Judgment (Dkt. No. 24), filed by Defendants Morton, Knutson, and
McCoy is granted; Defendants’ Motion to Dismiss (Dkt. No. 27), filed by Defendants Miller,
Jones, and Roof is granted; Plaintiff’s claims against the Oklahoma Department of
Corrections are dismissed with prejudice under the Eleventh Amendment, and Plaintiff’s
claims against Defendants Corrections Corporation of America and Cimarron Correctional
Facility are dismissed. Plaintiff’s “Motion to Rebuttal Defendant’s Motion” (Dkt. No. 32),

and his “Motion to Settlement” (Dkt. No. 33) are denied as moot. A judgment shall enter
accordingly.
IT IS SO ORDERED this 24th day of September, 2014.

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