Shirley v. Cleveland County Sheriff's Department et al

Filing 12

ORDER ADOPTING 11 Report and Recommendation, DISMISSING action w/o prejudice pursuant to 28 U.S.C. § 1915A(b) & 1915(e)(2)(B)(ii), for failure to state a claim. Signed by Honorable Stephen P. Friot on 6/10/15. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROBERT ALLEN SHIRLEY,
Plaintiff,
-vsCLEVELAND COUNTY SHERIFF’S
DEPARTMENT and or UNKNOWN
POLICE DEPT.(S),
Defendants.

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Case No. CIV-15-0327-F

ORDER
Plaintiff, a state prisoner appearing pro se and in forma pauperis, brings this
action which Magistrate Judge Suzanne Mitchell has construed as an action for
damages under 42 U.S.C. § 1983, as stated in her Report in Recommendation (the
Report). Doc. no. 11. The Report recommends that this case be dismissed pursuant
to 28 U.S.C. §1915A(b) and 1915(e)(2)(B)(ii) for failure to state a § 1983 claim
against any defendant upon which relief may be granted.1 The Report advised the
parties of the right to object to the Report and that failure to make timely objection to
the Report by May 27, 2015 waives the right to appellate review of both factual and
legal matters contained in the Report. No objection has been filed and no extension
of time within which to object has been sought.
Having conducted its own review and with there being no objection, the Report
of Magistrate Judge Mitchell is ACCEPTED, ADOPTED and AFFIRMED. This

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The Report recommends dismissal under § 1915(e)(2)(B)(2) but the corrected citation is
§1915(e)(2)(B)(ii).

action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b) and
1915(e)(2)(B)(ii), for failure to state a claim.
Dated this 10th day of June, 2015.

15-0327p001.wpd

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