Ali v. Jones et al
Filing
182
ORDER ADOPTING 165 REPORT AND RECOMMENDATION; ORDER Referring Case to Magistrate Judge Gary M. Purcell; Motions terminated: 145 MOTION for Summary Judgment filed by K Sacket; 146 MOTION for Summary Judgment filed by Fox; Gary M. Purcell added; Terry (FNU, Kitchen Supervisor), Haddock (FNU, Kitchen Supervisor) and Jones (FNU, Kitchen Supervisor) terminated; mailed to Murtaza Ali #78888745 HASKELL-RPRJDC P O Box 877 Haskell, TX 79521.. Signed by Honorable Robin J. Cauthron on 1/12/17. (lg)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MURTAZA ALI a/k/a ALI MURTAZA,
Plaintiff,
vs.
JAMES DRAWBRIDGE, et al.,
Defendants.
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No. CIV-14-1174-C
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff brought the present action pursuant to 42 U.S.C. § 1983, seeking recompense
for alleged violations of his constitutional rights. Consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B), this action was referred to United States Magistrate Judge Gary M. Purcell.
Judge Purcell entered his Fifth Supplemental Report and Recommendation (“R&R”) (Dkt.
No. 165) on October 28, 2016, recommending dismissal of certain Defendants and entry of
judgment on certain claims. Plaintiff has objected to the R&R.
The facts and law are accurately set out in the Magistrate Judge’s Report and
Recommendation and there is no purpose to be served in repeating them yet again.
Plaintiff’s objection fails to demonstrate any error in the factual or legal reasoning employed
by Judge Purcell.
Rather, Plaintiff’s objection offers nothing other than conclusory
disagreement with the R&R.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 165). Plaintiff’s claims against Defendants Terry, Haddock, and
Jones are DISMISSED without prejudice for failure to timely serve. Defendant Sacket
(Vales) is entitled to qualified immunity and therefore judgment should be entered in favor
of this Defendant and against Plaintiff. Finally, Defendant Fox is entitled to judgment as
Plaintiff failed to properly exhaust the claims against him. A separate judgment will issue at
the close of this case. This matter is returned to Judge Purcell under the terms of the original
Order of Referral.
IT IS SO ORDERED this 12th day of January, 2017.
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