May v. Patton et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 27 and denying Gary L. Simpson, J.R. Jones, Loyd Kennedy, Dennis Martin, and Albert McElhaney's Motions to Intervene [docket nos. 21, 22, 23, 24, and 25]. Signed by Honorable Vicki Miles-LaGrange on 6/1/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHN MAY,
Plaintiff,
v.
D.O.C. DIRECTOR PATTON et al.,
Defendants.

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Case No. CIV-14-418-M

ORDER
On April 28, 2015, United States Magistrate Judge Charles B. Goodwin issued a
Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983. The
Magistrate Judge recommended that Gary L. Simpson, J.R. Jones, Loyd Kennedy, Dennis
Martin, and Albert McElhaney’s (collectively, “Movants”) motions to intervene be
denied.1 Based on the recommendation, the Magistrate Judge recommends that the
Movants’ request for class certification in this case also be denied. The parties and
Movants were advised of their right to object to the Report and Recommendation by May
19, 2015. On May 5, 2015, Mr. McElhaney and Mr. Martin filed their objections to the
Report and Recommendation and Motions to Accept Pendent Jurisdiction, and on May 6,
2015, Mr. Simpson and Mr. Kennedy filed their objections to the Report and
Recommendation and Motions to Accept Pendent Jurisdiction.
Upon de novo review, the Court:

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The Movants are all inmates incarcerated at the Joseph Harp Correctional Center in
Lexington, Oklahoma.

(1)

ADOPTS the Report and Recommendation [docket no. 27] issued by the
Magistrate Judge on April 28, 2015; and

(2)

DENIES Gary L. Simpson, J.R. Jones, Loyd Kennedy, Dennis Martin, and
Albert McElhaney’s Motions to Intervene [docket nos. 21, 22, 23, 24, and
25].

IT IS SO ORDERED this 1st day of June, 2015.