Barnett v. Sielert et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 15 of Magistrate Judge Charles Goodwin...plaintiff's claims against defense attorney John Micah Sielert, Judge Christopher Kelly and District Attorney Dennis Smith are dismissed with prejudice; plaintiff's claims against defendants Kenny Loftiss, Kelby Peoples and Jason Maxey are dismissed without prejudice.. Signed by Honorable Joe Heaton on 07/11/2016. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TIMOTHY DEWAYNE BARNETT,
Plaintiff,
vs.
JOHN MICAH SIELERT, et al.,
Defendants.

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NO. CIV-14-1284-HE

ORDER
Plaintiff Timothy DeWayne Barnett, a state prisoner appearing pro se and in forma
pauperis, filed this action pursuant to 42 U.S.C. § 1983 alleging violations of his
constitutional rights. Consistent with 28 U.S.C. § 636(b), the matter was referred for initial
proceedings to Magistrate Judge Charles B. Goodwin, who has recommended that plaintiff’s
complaint be dismissed under 28 U.S.C. § 1915(e)(2)(B) and 1915A(b).
Plaintiff did not object to the magistrate judge’s thorough Report and
Recommendation and thereby waived his right to appellate review of the factual and legal
issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010); see 28
U.S.C. §636(b)(1)(C).
Accordingly, the court ADOPTS Magistrate Judge Goodwin’s Report and
Recommendation. Plaintiff’s claims against defense attorney John Micah Sielert, Judge
Christopher Kelly, and District Attorney Dennis Smith are DISMISSED with PREJUDICE.
Plaintiff’s claims against defendants Kenny Loftiss, Kelby Peoples, and Jason Maxey are
DISMISSED without PREJUDICE.

IT IS SO ORDERED.
Dated this 11th day of July, 2016.

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