Gurley v. Clerk et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATION 62 , granting 50 defendants' motion to dismiss or alternatively for summary judgment, which the Court construes as a motion for summary judgment, denying 57 plaintiff's motion for discovery and dismissing this action. Signed by Honorable Vicki Miles-LaGrange on 5/28/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TERRILL D. GURLEY, JR.,
Plaintiff,
vs.
THE GEO GROUP, INC., et al.,
Defendants.

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Case No. CIV-14-381-M

ORDER
On March 19, 2015, United States Magistrate Judge Gary M. Purcell issued a Supplemental
Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging that
defendants violated plaintiff’s constitutional rights. The Magistrate Judge recommended that
defendants’ motion to dismiss or alternatively for summary judgment, which the Magistrate Judge
construed as a motion for summary judgment, be granted, that the complaint be dismissed for failure
to exhaust administrative remedies, and that judgment be entered in favor of defendants and against
plaintiff. Further, the Magistrate Judge recommended that Plaintiff’s Motion for Discovery be
denied as well. The parties were advised of their right to object to the Report and Recommendation
by April 8, 2015. On April 09, 2015, defendant filed his objection.
Upon de novo review, the Court:
(1)

ADOPTS the Supplemental Report and Recommendation [docket no. 62] issued by
the Magistrate Judge on March 19, 2015;

(2)

GRANTS defendants’ motion to dismiss or alternatively for summary judgment
[docket no 50], which the Court construes as a motion for summary judgment;

(3)

DENIES plaintiff’s Motion for Discovery [docket no 57];

(4)

DISMISSES this action; and
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(5)

ORDERS that judgment be entered in favor of defendants and against plaintiff.

IT IS SO ORDERED this

28th

day of May, 2015.

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