Flowers v. Rhodes

Filing 46

ORDER ADOPTING 36 REPORT AND RECOMMENDATION; granting 38 MOTION to Amend filed by Neal Flowers; Garvin County Board of County Commissioners added; Garvin County Jail terminated; mailed to Neal Flowers, PAULS VALLEY-GCDC, 201 W Grant St., Pauls Valley, OK 73075. Signed by Honorable Robin J. Cauthron on 8/25/15. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
NEAL FLOWERS,
Plaintiff,
vs.
LARRY RHODES, Sheriff;
GARVIN COUNTY JAIL;
JOSH WHITE, Jail Admin.;
and LADIO AMARO, Jailer,
Defendants.

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No. CIV-15-396-C

ORDER
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Suzanne Mitchell, consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation (“R&R”) on July 21,
2015, recommending that Garvin County’s Motion to Dismiss be granted, but that Plaintiff
be granted leave to amend the Amended Complaint.
Rather than object to the Report and Recommendation, Plaintiff has filed a Motion
to Amend, seeking substitution of the Board of County Commissioners of Garvin County,
rather than simply Garvin County. Although Judge Mitchell recommended dismissal with
leave to amend, it appears that simply reflecting the correctly named Defendant on the docket
sheet, without the need of a formal amended complaint, would further the goals of “just,
speedy, and inexpensive determination” of this action. See Fed. R. Civ. P. 1.

Accordingly, the Court declines to adopt the R&R (Dkt. No. 36), and the Motion to
Amend (Dkt. No. 38) is GRANTED. The Clerk shall substitute “Garvin County Board of
County Commissioners” for “Garvin County Jail.”
IT IS SO ORDERED this 25th day of August, 2015.

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