Harper v. Bearden et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATION 39 of Magistrate Judge Suzanne Mitchell...plaintiff having failed to object to the Report and Recommendation waived his right to appellate review of the factual and legal issues it addressed...plaintiff's motion 35 construed as a request for a preliminary injunction is denied. Signed by Honorable Joe Heaton on 12/29/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DALE HARPER,
Plaintiff,
vs.
OKLAHOMA DEPARTMENT OF
CORRECTIONS DIRECTOR, ROBERT
PATTON, et al.,
Defendants.

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NO. CIV-14-0563-HE

ORDER
Plaintiff Dale Harper, a state prisoner appearing pro se, filed this action pursuant to
42 U.S.C. § 1983, alleging violations of his constitutional rights. Consistent with 28 U.S.C.
§ 636(b)(1)(B), (C), the matter was referred to Magistrate Judge Suzanne Mitchell for initial
proceedings. She liberally construed plaintiff’s complaint about the conditions in his cell and
delay in receiving legal materials form the Oklahoma State Penitentiary library, included in
a motion for extension for time, as a request for preliminary injunctive relief. Construed as
such, the magistrate judge recommended that plaintiff’s motion be denied.
Plaintiff, having failed to object to the Report and Recommendation, waived his right
to appellate review of the factual and legal issues it addressed. United States v. One Parcel
of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1)(C).
Accordingly, the court adopts Magistrate Judge Mitchell’s Report and Recommendation.
Plaintiff’s motion [Doc. #32], construed as a request for a preliminary injunction, is denied.

IT IS SO ORDERED.
Dated this 29th day of December, 2014.

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