Cotton v. Garfield County Jail et al

Filing 17

ORDER adopting Report and Recommendations re 16 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 5/14/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LEE COTTON,
Plaintiff,
v.
GARFIELD COUNTY JAIL, et al.,
Defendants.

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Case No. CIV-14-743-D

ORDER
Plaintiff Lee Cotton, a state prisoner appearing pro se, brings this civil rights action pursuant
to 42 U.S.C. § 1983 alleging violations of his federal constitutional rights. In accordance with 28
U.S.C. § 636(b)(1)(B) and (C), the matter was referred to United States Magistrate Judge Shon T.
Erwin for initial proceedings. In a Report and Recommendation [Doc. No. 16] issued on April 9,
2015, the Magistrate Judge recommended dismissing the action without prejudice due to Plaintiff’s
failure to effect timely service of process pursuant to Fed. R. Civ. P. 4(m), despite having been
granted two permissive extensions of time within which to do so, and otherwise failing to comply
with the Court’s orders in this action.
The Magistrate Judge specifically advised Plaintiff of his right to object to the findings and
recommendations set forth in the Report and Recommendation. He further advised Plaintiff that
failure to timely object would constitute a waiver of their right to appellate review of the factual and
legal matters in the Report and Recommendation. Plaintiff’s deadline for filing objections was April
27, 2015.
To date, Plaintiff has not filed an objection to the Report and Recommendation or sought an
extension of time in which to do so.

Moreover, the Court has reviewed the Report and

Recommendation and agrees with the analysis set forth therein.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 16] is
ADOPTED and Plaintiff’s action is dismissed without prejudice to refiling. A separate judgment
of dismissal will be entered herewith.
IT IS SO ORDERED this 14th day of May, 2015.

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