Barber v. Canadian County Jail et al

Filing 10

ORDER ADOPTING 9 Report and Recommendation. Plf's 42 U.S.C. § 1983 action is dismissed pursuant to 28 U.S.C. § 1915. Plf's § 1983 claims against dft Canadian County Jail are DISMISSED w/PREJUDICE. Plf's § 1983 claims on behalf of other inmates are DISMISSED w/o PREJUDICE for lack of standing to proceed. Plf's remaining § 1983 claims are DISMISSED w/o PREJUDICE. Signed by Honorable Stephen P. Friot on 5/1/15. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

HARVEY D. BARBER,
Plaintiff,
-vsCANADIAN COUNTY JAIL, et al.,
Defendants.

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Case No. CIV-15-132-F

ORDER
United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation on March 31, 2015, wherein he recommended that plaintiff’s 42
U.S.C. § 1983 action be dismissed pursuant to 28 U.S.C. § 1915. Magistrate Judge
Erwin recommended that plaintiff’s claims against defendant, Canadian County Jail,
and his claims on behalf of other inmates should be dismissed with prejudice. He also
recommended that plaintiff’s remaining claims should be dismissed without prejudice
for failure to state a claim upon which relief may be granted.
Magistrate Judge Erwin advised plaintiff of his right to file specific written
objections to the Report and Recommendation by April 17, 2015 and that failure to
make timely objection to the Report and Recommendation waives the right to
appellate review of the factual and legal issues addressed.
To date, plaintiff has not filed an objection to the Report and Recommendation
and has not sought leave to extend the time in which to file an objection. With no
objection being filed within the time prescribed, the court accepts, adopts and affirms
the Report and Recommendation to the extent that plaintiff’s 42 U.S.C. § 1983 action
shall be dismissed pursuant to 28 U.S.C. § 1915 and that plaintiff’s § 1983 claims

against defendant, Canadian County Jail, shall be dismissed with prejudice; that
plaintiff’s § 1983 claims on behalf of other inmates shall be dismissed without
prejudice for lack of standing to proceed; and that plaintiff’s § 1983 remaining claims
shall be dismissed without prejudice.
Accordingly, the Report and Recommendation of Magistrate Judge Shon T.
Erwin issued on March 31, 2015 (doc. no. 9), is ACCEPTED, ADOPTED and
AFFIRMED. Plaintiff’s 42 U.S.C. § 1983 action is dismissed pursuant to 28 U.S.C.
§ 1915. Plaintiff’s § 1983 claims against defendant, Canadian County Jail are
DISMISSED WITH PREJUDICE. Plaintiff’s § 1983 claims on behalf of other
inmates are DISMISSED WITHOUT PREJUDICE for lack of standing to proceed.
Plaintiff’s remaining § 1983 claims are DISMISSED WITHOUT PREJUDICE.
DATED May 1, 2015.

15-0132p001.wpd

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