Stevens v. State of Oklahoma et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION 8 of Magistrate Judge Charles Goodwin...complaint is dismissed without prejudice. Signed by Honorable Joe Heaton on 03/07/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JIMMY D. STEVENS,
Plaintiff,
vs.
STATE OF OKLAHOMA, et al.,
Defendants.

)
)
)
)
)
)
)
)

NO. CIV-13-1375-HE

ORDER
Plaintiff Jimmy D. Stevens, a prisoner appearing pro se, filed this action pursuant to
42 U.S.C. § 1983. Consistent with 28 U.S.C. § 636(b)(1)(B), this matter was referred for
initial proceedings to Magistrate Judge Charles B. Goodwin. Because plaintiff’s filings were
deficient and largely illegible, on January 3, 2014, Judge Goodwin instructed plaintiff to cure
his deficiencies and file a legible amended complaint no later than February 3, 2014. That
deadline passed without further submissions by plaintiff. Judge Goodwin then issued a
Report and Recommendation recommending that the complaint be dismissed for failure to
comply with the court’s orders.

Objections to the magistrate judge’s report and

recommendation were due by March 5, 2014.
Plaintiff, having failed to object to the report and recommendation, has waived his
right to review of the factual and legal issues it addressed. United States v. 2121 E. 30th St.,
73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A judge of the
court shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” (emphasis added)).

Accordingly, the Report and Recommendation [Doc. #8] is ADOPTED, and the complaint
is DISMISSED without prejudice.
IT IS SO ORDERED.
Dated this 7th day of March, 2014.

2