Anderson v. Lane

Filing 47

ORDER ADOPTING 46 Report and Recommendation; GRANTING 30 Motion to Dismiss filed by Reese Lane; DISMISSING WITHOUT PREJUDICE plf Robert J Anderson's cause of action, for failure to exhaust administrative remedies; DENYING AS MOOT 30 alternative Motion for Summary Judgment filed by Reese Lane. Signed by Honorable Stephen P. Friot on 5/19/15. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

ROBERT J. ANDERSON,
Plaintiff,
-vsREESE LANE,
Defendant.

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Case No. CIV-14-298-F

ORDER
United States Magistrate Judge Gary M. Purcell issued a Report and
Recommendation on April 14, 2015, recommending that Defendant Reese Lane’s
Motion to Dismiss be granted and that plaintiff, Robert J. Anderson’s cause of action
be dismissed without prejudice for failure to exhaust administrative remedies.
Magistrate Judge Purcell advised the parties of their respective right to file an
objection to the Report and Recommendation by May 4, 2015 and that failure to
timely object would waive appellate review of the recommended ruling.
To date, neither party has filed an objection and no request for an extension of
time has been sought. With no objection being filed within the time prescribed, the
court accepts, adopts and affirms the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Gary M. Purcell on April 14, 2015 (doc. no. 46) is ACCEPTED,
ADOPTED and AFFIRMED. Defendant Reese Lane’s Motion to Dismiss (doc. no.
30) is GRANTED and plaintiff, Robert J. Anderson’s cause of action is DISMISSED
WITHOUT PREJUDICE for failure to exhaust administrative remedies. In light of

the court’s ruling, Defendant Reese Lane’s alternative Motion for Summary Judgment
(doc. no. 30) is DENIED as MOOT.
DATED May 19, 2015.

14-0298p001.wpd

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