Whitmore et al v. Harris et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 29 , denying 15 Plaintiff's Motion to Reconsider Class Certification and Motion for Appointment of Counsel to Represent the Class, denying 24 Plaintiff's Motion to Transfer Jurisdiction, dismissing without prejudice the claims of plaintiff Corrine Whitmore, and terminating Corrine Whitmore as a plaintiff in this action (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 3/7/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DAVID ROBIN WHITMORE, et al.
Plaintiffs,
v.
FELICIA HARRIS, et al.
Defendants.

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Case No. CIV-13-460-M

ORDER
On November 26, 2013, United States Magistrate Judge Shon T. Erwin issued a Report
and Recommendation in this action brought pursuant to 42 U.S.C. § 1983 alleging various
violations of plaintiff David Whitmore’s (“Whitmore”) constitutional rights. The Magistrate
Judge recommended that (1) Whitmore’s Motion to Reconsider Class Certification and Motion
for Appointment of Counsel to Represent the Class [docket no. 15] be denied; (2) Whitmore’s
Motion to Transfer Jurisdiction [docket no. 24] be denied; and (3) Corrine Whitmore’s claims be
dismissed from this action without prejudice and she be terminated as a plaintiff herein. The
plaintiffs were advised of their right to object to the Report and Recommendation by December
13, 2013. A review of the record has revealed that no objection has been filed1.

1

On November 26, 2013, Whitmore filed a Motion to Amend/Correct Complaint [docket
no. 27]. On December 13, 2013, Whitmore filed a Motion for Extension of Time [docket no. 30]
to file his objections to the Report and Recommendation, which was granted by this Court on
December 18, 2014. On December 16, 2013, Whitmore filed a Motion to Supplement the Motion
to Reconsider Class Certification and Motion for Appointment of Counsel [docket no 31]. On
January 13, 2014, Whitmore filed a Motion to Stay Proceedings [docket no. 34], requesting the
Court stay these proceedings until he could access the law library “to do some research, in order
to properly object to the R&R.” Motion to Stay Proceedings at 1.
On March 3, 2014, the Magistrate Judge granted Whitmore’s Motion for leave to file an
Amended Complaint pending the Court’s adoption of the Report and Recommendation and
dismissal of Co-Plaintiff Corrine Whitmore [docket no. 35]. Further, the Magistrate Judge
effectively granted Whitmore’s Motion to Supplement the Motion to Reconsider Class

Upon de novo review, the Court:
1. ADOPTS the Report and Recommendation [docket no. 29] issued by the
Magistrate Judge on November 26, 2013;
2. DENIES Plaintiff’s Motion to Reconsider Class Certification and Motion for
Appointment of Counsel to Represent the Class [docket no. 15];
3. DENIES Plaintiff’s Motion to Transfer Jurisdiction [docket no. 24];
4. DISMISSES without prejudice the claims of Plaintiff Corrine Whitmore; and
5. TERMINATES Corrine Whitmore as a plaintiff in this action.
IT IS SO ORDERED this 7th day of March, 2014.

Certification and Motion for Appointment of Counsel and found Whitmore’s Motion to Stay
Proceedings moot. The Court agrees that since Whitmore has been granted leave to file an
Amended Complaint, his Motion to Stay Proceedings is now moot.