Burghart v. O'Keefe et al

Filing 26

ORDER ADOPTING 21 REPORT AND RECOMMENDATION; mailed to Bobby Burghart #28733-064, BUTNER-FCI MED II, P O Box 1500, Butner, NC 27509. Signed by Honorable Robin J. Cauthron on 12/16/15. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BOBBY BURGHART,
Plaintiff,
vs.
KEVIN O’KEEFE, et al.,
Defendants.

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No. CIV-15-445-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Charles B. Goodwin, consistent with the provisions of 28
U.S.C. § 636(b)(1)(B). Judge Goodwin entered a Report and Recommendation on October
30, 2015, to which Plaintiff 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, Plaintiff ignores the bedrock principle that federal court is a court of limited
jurisdiction. Neither the status of Plaintiff as a federal detainee or prisoner nor the lack of
access to state law materials creates jurisdiction in this Court. For this reason, as well as the
conclusions reached by Judge Goodwin, there is simply nothing in Plaintiff’s Complaint or
subsequent brief that provides a basis for jurisdiction and/or states a claim for relief.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, Plaintiff’s complaint is dismissed
without prejudice in its entirety. The dismissal of this suit counts as a prior-occasion “strike”
for purposes of 28 U.S.C. § 1915(G).
IT IS SO ORDERED this 16th day of December, 2015.

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