Olivera v. Cate et al

Filing 27

ORDER adopting Report and Recommendations re 25 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 4/11/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANGEL OLIVERA,
Plaintiff,
v.
MATTHEW CATE, et al.,
Defendants.

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Case No. CIV-14-162-D

ORDER
Before the Court is the Report and Recommendation issued by United States
Magistrate Judge Charles B. Goodwin pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Judge
Goodwin recommends that Plaintiff’s action be dismissed without prejudice for failure to
prosecute, failure to comply with prior orders, and failure to effect service of process.
Plaintiff has neither filed a timely objection to the Report nor requested additional time to
object, despite written notice of his right to object and the consequences of failing to object.
Therefore, Plaintiff has waived further review of the issues addressed in the Report. See
Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121
East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).1

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The case record reflects that the copy of the Report mailed to Plaintiff at his address of record was
returned as undeliverable. However, this circumstance does not warrant an exception to the court of appeals’
“firm waiver rule” because Plaintiff was responsible for giving notice of a change of address. See Theede
v. United States Dep’t of Labor, 172 F.3d 1262, 1267-68 (10th Cir. 1999); see also LCvR5.4(a).

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 25]
is ADOPTED in its entirety. The action is DISMISSED WITHOUT PREJUDICE to refiling.
A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this 11th day of April, 2016.

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