Lewis v. Lane et al

Filing 16

ORDER adopting Report and Recommendations re 15 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 7/31/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KENNETH LEWIS,
Plaintiff,
v.
REESE LANE and STATE OF OKLAHOMA,
Defendants.

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Case No. CIV-14-202-D

ORDER
Plaintiff Kenneth Lewis, a state pretrial detainee appearing pro se and proceeding in forma
pauperis, brings this hybrid civil rights and habeas corpus action and alleges violations of his
constitutional rights. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred
to United States Magistrate Judge Shon T. Erwin for initial proceedings.
In a Report and Recommendation [Doc. No. 15] issued on July 8, 2014, the Magistrate Judge
recommended that Plaintiff’s habeas claims be dismissed without prejudice on abstention grounds
due to ongoing state court proceedings.1 The Magistrate Judge further recommended that Plaintiff’s
claims against the State of Oklahoma be dismissed with prejudice on the basis of Eleventh
Amendment sovereign immunity and that Plaintiff’s remaining civil rights claims be dismissed
without prejudice for failure to state a claim upon which relief may be granted.
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 July 25, 2014.

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The Magistrate Judge inferred from Plaintiff’s allegations that he is a pretrial detainee based on the claims set
forth and the relief sought.

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. 15] is
ADOPTED in its entirety. Plaintiff’s claims against Defendant State of Oklahoma are dismissed with
prejudice. Plaintiff’s remaining claims are dismissed without prejudice.
IT IS SO ORDERED this 31st day of July, 2014.

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