Greer v. Fallin et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION 31 , dismissing this action without prejudice upon screening for failure to state a claim upon which relief may be granted; and finding that all pending motions are now MOOT. Signed by Honorable Vicki Miles-LaGrange on 7/30/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TRAVIS GREER,

)
)
Plaintiff,
)
)
vs.
)
)
MARY FALLIN, Governor of the State of )
Oklahoma; ROBERT PATTON, Director )
of Oklahoma Department of Corrections,
)
and JANET DOWLING, Warden, in their )
Individual and Official Capacities,
)
)
Defendants.
)

Case No. CIV-14-1066-M

ORDER
On June 5, 2015, United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983, challenging, in general, the
conditions of plaintiff’s confinement. The Magistrate Judge recommended that this action be
dismissed without prejudice upon screening pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state
a claim upon which relief may be granted and that all of plaintiff’s pending motions be denied as
moot. Plaintiff was advised of his right to object to the Report and Recommendation by June 23,
2015. Having received an extension of time, plaintiff has timely filed his objection. Plaintiff objects
to the Report and Recommendation in its entirety and asserts the Report and Recommendation “is
fundamentally flawed, biased and will result in severe prejudice to the Plaintiff and cause further
irreparable harm, injury, and be a significant miscarriage of justice, and will impeach the judicial
process.” Objection at 18.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 31] issued by the Magistrate
Judge on June 5, 2015;

(2)

DISMISSES this action without prejudice upon screening for failure to state a claim
upon which relief may be granted; and

(3)

FINDS that all pending motions are now MOOT.

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