Releford v. Warden Lawton Community Corrections Center et al

Filing 36

ORDER ADOPTING 32 REPORT AND RECOMMENDATION; Denver Patterson (Correctional Officer), Officer Thornburger, Warden Lawton Community Corrections Center, Alonzo J McCarver and Markus LaShun McKinney terminated.. Signed by Honorable Robin J. Cauthron on 6/20/14. (lg)

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

ALVIN RELEFORD,
Plaintiff,
vs.
CLIFFORD BENARD, et al.,
Defendants,

)
)
)
)
)
)
)
)
)

No. CIV-13-128-C

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff filed the present action pursuant to 42 U.S.C. § 1983, alleging his son was
the victim of a murder or wrongful death while incarcerated in Oklahoma. Consistent with
the provisions of 28 U.S.C. § 636(b)(1)(B), this matter was referred to United States
Magistrate Judge Suzanne Mitchell. Judge Mitchell entered a Report and Recommendation
(“R&R”) on May 20, 2014, recommending dismissal without prejudice. Plaintiff has filed
a document entitled “Plaintiff Alvin Relerford Motion for Continuation.” The Court will
treat this pleading as an objection to the R&R.
In the R&R, Judge Mitchell sets out the history of this case. In summary, Plaintiff
filed his action on February 4, 2013. Despite numerous extensions of time and warnings that
failure to obtain service would result in dismissal, to date Plaintiff has properly served only
Defendant Benard. Judge Mitchell recommends dismissal of the remaining Defendants
pursuant to Fed. R. Civ. P. 4 for failure to timely serve. In his Motion construed as an
Objection, Plaintiff repeats his claim of being unable to achieve service. Plaintiff offers no

evidence or argument demonstrating he has a plan to obtain proper service over the
remaining Defendants if given addition time. As Judge Mitchell noted, this case has been
pending for over 14 months. Plaintiff has been given multiple opportunities to obtain service
with no success. This matter will be dismissed for failure to obtain service as to all
Defendants other than Defendant Benard.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 32), and for the reasons announced therein, DISMISSES
Plaintiff’s claims against Defendants Patterson, McKinney, McCarver, Thornburger, and
Unknown Warden, Oklahoma Community Correctional Facility, without prejudice. This
matter is returned to Judge Mitchell under the terms of the Order of Referral for handling
Plaintiff’s claims against Defendant Benard.
IT IS SO ORDERED this 20th day of June, 2014.

2