Barber v. Sutmiller et al

Filing 125

ORDER ADOPTING 113 REPORT AND RECOMMENDATION; denying 91 Plaintiffs second Motion for Preliminary Injunction; mailed to Bradley Price Barber #177189 CUSHING-CCF Cimarron Correctional Facility 3200 S Kings HWY Cushing, OK 74023-5337. Signed by Honorable Robin J. Cauthron on 5/10/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRADLEY PRICE BARBER,
Plaintiff,
vs.
DR. DONALD SUTMILLER, et al.,
Defendants.

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No. CIV-15-78-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 to medical care. Consistent
with the provisions of 28 U.S.C. § 636(b)(1)(B), this action was referred to United States
Magistrate Judge Charles B. Goodwin.

Judge Goodwin entered a Report and

Recommendation on March 9, 2017, recommending denial of Plaintiff’s request for
preliminary injunction.

After being granted additional time, Plaintiff has filed an

objection.
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. Each
issue raised by Plaintiff in his Objection was considered and rejected by Judge Goodwin.
Accordingly, each of Plaintiff’s objections are rejected for the reasons set forth by Judge
Goodwin.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge (Dkt. No. 113), and for the reasons announced therein, DENIES

Plaintiff’s second Motion for Preliminary Injunction (Dkt. No. 91).

This matter is

returned to Judge Goodwin for further proceedings consistent with the original order of
referral.
IT IS SO ORDERED this 10th day of May, 2017.

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