Fields v. Wetsel et al

Filing 29

ORDER ADOPTING 27 Report and Recommendation, DISMISSING action on the following terms: Plf's claims asserted against dft Okla County Detention Center are dismissed, w/prejudice, for failure to state a claim upon which relief can be granted. Plf's remaining claims are dismissed, w/o prejudice, for failure to state a claim upon which relief can be granted. Signed by Honorable Stephen P. Friot on 1/20/16. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JAMES FIELDS, JR.,
Plaintiff,
-vsOKLAHOMA COUNTY DETENTION
CENTER, et al.,
Defendants.

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Case No. CIV-15-0518-F

ORDER
On December 23, 2015, Magistrate Judge Shon T. Erwin issued a Report and
Recommendation (the Report, doc. no. 27) in this civil rights action brought by a state
prisoner pursuant to 42 U.S.C. § 1983. Upon initial screening, the magistrate judge
recommends dismissal of this action for failure to state a claim upon which relief may
be granted.
Plaintiff has filed a document entitled “Appeal Report and Recommendation,”
which has been docketed by the clerk as an objection to the Report. Doc. no. 28.
Because it is entitled an “appeal,” and because it, at times, refers to what plaintiff
contends is a “plausible claim,” the court concurs with the clerk that, construing
plaintiff’s filings liberally, this document is intended as a general objection to the
Report. That said, the only specific objection stated in that filing is a request for
appointment of counsel. To the extent plaintiff may have intended the objection to
also constitute a motion for appointment of counsel, the motion is denied.
In light of plaintiff’s general objection to the Report, all aspects of the Report
have been reviewed de novo. Having completed that review, the court finds that no
purpose would be served by any additional analysis here, and that this action fails to

state a claim and should be summarily dismissed as recommended by the magistrate
judge.
Plaintiff’s objections are DENIED, and the Report and Recommendation of the
Magistrate Judge is ACCEPTED, ADOPTED and AFFIRMED. This action is
DISMISSED on the following terms. Plaintiff’s claims asserted against defendant
Oklahoma County Detention Center are dismissed, with prejudice, for failure to state
a claim upon which relief can be granted. Plaintiff’s remaining claims are dismissed,
without prejudice, for failure to state a claim upon which relief can be granted.
Dated this 20th day of January, 2016.

15-0518p005.wpd

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