Roland v. Oklahoma Correctional Industries et al

Filing 34

ORDER granting 27 Motion to Dismiss; granting 27 Motion for Summary Judgment; adopting Report and Recommendations re 33 Report and Recommendation. Amended Complaint due within 21 days. Signed by Honorable Timothy D. DeGiusti on 10/22/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHN ROLAND,
Plaintiff,
v.
OKLAHOMA CORRECTIONAL
INDUSTRIES, et al.,
Defendants.

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Case No. CIV-14-1182-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
by United States Magistrate Judge Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B)-(C).
Judge Erwin recommends that Plaintiff’s official capacity claims under 42 U.S.C. § 1983
should be dismissed without prejudice, that summary judgment should be granted to
Defendant Jerry Thompson on Plaintiff’s individual capacity claim, but that Plaintiff should
be granted leave to amend his pleading to name the individual employee of the Department
of Corrections who was actually involved in the incident of which he complains.
Plaintiff has neither filed a timely objection nor requested additional time to object.
Upon consideration, the Court finds that Plaintiff has waived further review of all issues
addressed in the Report. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see
also United States v. 2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 33]
is ADOPTED in its entirety, and Defendants’ Motion to Dismiss/Motion for Summary

Judgment [Doc. No. 27] is GRANTED as set forth herein. Plaintiff’s action against
Defendants Oklahoma Correctional Industries, Department of Corrections, and Sgt. Jerry
Thompson in his official capacity is dismissed without prejudice, and summary judgment is
granted to Defendant Jerry Thompson in his individual capacity.
IT IS FURTHER ORDERED that Plaintiff may file an amended complaint within
21 days from the date of this Order. If no amendment is timely filed, a judgment shall be
entered in accordance with this Order.
IT IS SO ORDERED this 22nd day of October, 2015.

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