Beals v. Doe

Filing 64

ORDER ADOPTING 54 REPORT AND RECOMMENDATION; mailed to Timothy L Beals #235183 SAYRE-NFCC 1605 E Main Sayre, OK 73662. Signed by Honorable Robin J. Cauthron on 12/15/16. (lg)

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

TIMOTHY L. BEALS,
Plaintiff,
vs.
MARC DANIELS,
Defendant.

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No. CIV-15-194-C

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATION

This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Gary M. Purcell, consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B). Judge Purcell entered a Supplemental Report and Recommendation on
October 18, 2016, to which Petitioner has timely objected. The Court therefore considers the
matter de novo.
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. In his
objection, Petitioner merely restates the conclusions and legal argument originally asserted,
and raises no issue not fully and accurately addressed and rejected by the Magistrate Judge.
Accordingly, the Supplemental Report and Recommendation (Dkt. No. 54) of the
Magistrate Judge is adopted, Defendant Daniels’ Motion to Dismiss (Dkt. No. 45) is granted.
Further, the Court declines to exercise supplemental jurisdiction over any state-law claims

asserted against Defendant Daniels. This civil rights complaint is therefore dismissed with
prejudice. This dismissal counts as a “strike” under 28 U.S.C. § 1915(g).
IT IS SO ORDERED this 15th day of December, 2016.

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