Harper v. Bearden et al

Filing 73

ORDER ADOPTING REPORT AND RECOMMENDATION 72 of Magistrate Judge Bernard Jones...this action is dismissed without prejudice. Signed by Honorable Joe Heaton on 12/30/2015. (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 § 1983 action,
alleging violations of his constitutional rights. Consistent with 28 U.S.C. § 636(b)(1)(B),
(C), the matter was referred to Magistrate Judge Bernard M. Jones for initial proceedings.
He has recommended that the action be dismissed without prejudice pursuant to Fed.R.Civ.P.
4(m), due to plaintiff’s failure to serve defendants within the time limits prescribed by the
federal rule.
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).
The court also agrees with the well-reasoned analysis of the magistrate judge.
Accordingly, the court adopts Magistrate Judge Jones’s Report and Recommendation.
This action is dismissed without prejudice.

IT IS SO ORDERED.
Dated this 30th day of December, 2015.

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