Brooks v. Garfield County Jail et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATION 43 of Magistrate Judge Shon Erwin and dismisses with prejudice all claims against defendant Garfield County Detention Center and plaintiff's count 1; dismisses without prejudice plaintiff's count 2 and denies as moot plaintiff's motion for summary judgment 40 and defendant's motion to strike plaintiff's motion for summary judgment 42 . Signed by Honorable Joe Heaton on 07/16/2015. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CLARENCE BROOKS,
Plaintiff,
vs.
GARFIELD COUNTY JAIL, et. al.,
Defendants.

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NO. CIV-14-0661-HE

ORDER
Plaintiff Clarence Brooks, a state prisoner, brought this action pursuant to 42 U.S.C.
§ 1983, challenging various actions Garfield County Jail officials. Consistent with 28 U.S.C.
§ 636(b)(1)(B), this matter was referred for initial proceedings to Magistrate Judge Shon T.
Erwin, who upon screening the petition, has recommended that the case be dismissed.
Having failed to object to the Report and Recommendation, the parties have waived their
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 the Report and Recommendation [Doc. # 43];
DISMISSES with prejudice all claims against Defendant Garfield County Detention Center
and Plaintiff’s Count I; DISMISSES without prejudice Plaintiff’s Count II; and DENIES
as moot Plaintiff’s Motion for Summary Judgment [Doc. #40] and Defendant’s Motion to
Strike Plaintiff’s Motion for Summary Judgment [Doc. #42].

IT IS SO ORDERED.
Dated this 16th day of July, 2015.