Ayers v. Fallin et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATION 33 of Magistrate Judge Suzanne Mitchell and dismisses this case without prejudice to refiling. Signed by Honorable Joe Heaton on 12/19/2014. (lam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA WENDELL R. AYERS, Plaintiff, v. MARY FALLIN, et al. Respondents. ) ) ) ) ) ) ) ) NO. CIV-13-1211-HE ORDER Plaintiff Wendell R. Ayers, appearing pro se and in forma pauperis, initiated this suit pursuant to 42 U.S.C. § 1983. Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Suzanne Mitchell, who recommends that it be dismissed without prejudice for failure to prosecute. By failing to object to the Report and Recommendation, plaintiff has waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996); see 28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts the Report and Recommendation of Magistrate Judge Suzanne Mitchell [Doc. #33] and DISMISSES this case without prejudice to refiling. IT IS SO ORDERED. Dated this 19th day of December, 2014.

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