Hill v. Cates

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION for 22 Report and Recommendation. Plaintiff is granted leave to file an amended complaint within twenty-one (21) days of the date of this Order to cure the deficiencies in his claims, as more fully identified in the Report and Recommendation. Signed by Honorable Timothy D. DeGiusti on 6/24/14. (cla)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
OMAR HILL, JR.,
Plaintiff,
v.
MATTHEW CATES et al.,
Defendants.

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Case No. CIV-13-1126-D

ORDER
Plaintiff Omar Hill, Jr., a California state prisoner appearing pro se and proceeding in forma
pauperis, brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his federal
constitutional rights during his incarceration at North Fork Correctional Facility, a privately operated
prison in Sayre, Oklahoma. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the matter was
referred to United States Magistrate Judge Charles B. Goodwin for initial proceedings.
In a Report and Recommendation [Doc. No. 22] issued on May 28, 2014, the Magistrate
Judge recommended that Plaintiff’s Complaint be dismissed without prejudice for failure to state
a claim upon which relief may be granted under 42 U.S.C. § 1983 and that the Court decline to
exercise supplemental jurisdiction over any state-law claims asserted. The Magistrate Judge further
recommended that Plaintiff be granted leave to file an amended complaint to cure the deficiencies
in his claims, as more fully identified in the Report and Recommendation.
The Magistrate Judge specifically advised Plaintiff of his right to object to the findings and
recommendations set forth therein. He further advised Plaintiff that his failure to timely object
would constitute a waiver of his right to appellate review of the factual and legal matters in the
Report and Recommendation. Plaintiff’s deadline for filing objections was June 18, 2014.
To date, Plaintiff has not filed an objection to the Report and Recommendation or sought an

extension of time in which to do so. Accordingly, the Court adopts the Report and Recommendation
in its entirety.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 22] is
ADOPTED in its entirety.
IT IS FURTHER ORDERED that Plaintiff is granted leave to file an amended complaint
within twenty-one (21) days of the date of this Order to cure the deficiencies in his claims, as more
fully identified in the Report and Recommendation.
IT IS SO ORDERED this 24th day of June, 2014.

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