Duvall v. Stouffer et al

Filing 52

ORDER ADOPTING 48 REPORT AND RECOMMENDATION; mailed to Tony Dean Duvall HOMINY-DCCC, P O Box 220, Hominy, OK 74035. Signed by Honorable Robin J. Cauthron on 1/25/16. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TONY DUVALL,
Plaintiff,
vs.
SHIRLEY STOUFFER, et al.,
Defendants.

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No. CIV-15-72-C

ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff filed the present action pursuant to 42 U.S.C. § 1983. Consistent with the
provisions of 28 U.S.C. § 636(b)(1)(B), this matter was referred to United States Magistrate
Judge Gary M. Purcell. Judge Purcell entered a Report and Recommendation (“R&R”) on
October 15, 2015, recommending judgment in favor of Defendants other than McCoy and
dismissal as to Defendant McCoy.* Plaintiff filed a document entitled an Objection but
which was in reality a request for additional time to object. The Court granted that request
on November 10, 2015, giving Plaintiff 60 days from that date to file his Objection. That
time period has now passed with no response by Plaintiff.
In the R&R, Judge Purcell sets out the substance of Plaintiff’s claims and outlines the
extent to which those claims fail as a matter of law. In summary, Plaintiff filed his action
seeking damages for alleged improper medical care. However, as Judge Purcell notes,
Plaintiff’s claims must fail as he failed to exhaust administrative remedies prior to bringing

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Defendant McCoy was voluntarily dismissed by Plaintiff as reflected in the Order of
November 10, 2015 (Dkt. No. 51).

the present action. Thus, Defendants are entitled to judgment as recommended by Judge
Purcell.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 48). A separate judgment will issue.
IT IS SO ORDERED this 25th day of January, 2016.

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