Daly v. Rios et al

Filing 39

ORDER ADOPTING 38 REPORT AND RECOMMENDATION; defendant Rios (Warden for LCF) terminated; mailed to Richard Daly #676270 LAWTON-LCF, 8607 SE Flower Mound Rd, Lawton, OK 73501 Signed by Honorable Robin J. Cauthron on 2/23/16. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RICHARD J. DALY,
Plaintiff,
vs.
WARDEN CHAD MILLER; C/O
KIMBERLY SULLIVAN; and
C/O ROY THORNHILL,
Defendants.

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No. CIV-15-503-C

ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff brought the present action pursuant to 42 U.S.C. § 1983, seeking recompense
for alleged violations of his constitutional rights. Consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B), this action was referred to United States Magistrate Judge Suzanne Mitchell.
Judge Mitchell entered a Report and Recommendation on January 15, 2016, to which
Defendants Stouffer and Whitten timely objected.
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. Judge
Mitchell recommended Defendants Stouffer’s and Whitten’s Motions to Dismiss be denied,
noting Plaintiff had pleaded facts which if proven would entitle him to relief. The Objections
filed by Defendants offer nothing other than a rehash of arguments presented to Judge
Mitchell. After de novo review, the Court reaches the same conclusions as Judge Mitchell.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 36). Plaintiff’s claims against Defendant Rios are dismissed

without prejudice. A separate Judgment will issue at the close of this case. Plaintiff’s claims
against Defendants Stouffer and Whitten remain and this matter is referred back to Judge
Mitchell.
IT IS SO ORDERED this 23rd day of February, 2016.

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