Yost v. Stouffer et al

Filing 53

ORDER ADOPTING 48 Report and Recommendation, GRANTING 25 Motion to Dismiss filed by Genese McCoy, Oklahoma Department of Corrections, GRANTING IN PART and DENYING IN PART 34 Motion to Dismiss filed by GEO Group Inc, Shirley Stouffer, DENYING 16 Motion for Preliminary Injunction filed by Justin Yost. Signed by Honorable Stephen P. Friot on 8/4/2016. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

JUSTIN YOST,

)
)
)
)
)
)
)
)
)

Plaintiff,
-vsSHIRLEY STOUFFER, et al.,
Defendants.

Case No. CIV-15-0783-F

ORDER
Plaintiff, a state prisoner who appears pro se and whose pleadings are liberally
construed, initiated a complaint under 42 U.S.C. § 1983.
Magistrate Judge Charles B. Goodwin issued a Report and Recommendation
on June 30, 2016. Doc. no. 48 (the Report). In the Report, Magistrate Judge Goodwin
makes recommendations concerning the disposition of two motions to dismiss (doc.
nos. 25, 34) as well as plaintiff’s motion for a temporary restraining order or
preliminary injunctive relief. Doc. no. 16.
The Report advised the parties of the right to file an objection to the Report
with the clerk of this court by July 21, 2016. The Report further advised that failure
to make timely objection to the Report waives the right to appellate review of the
recommended ruling. No party has filed an objection or response to the Report, or
sought an extension of time within which to object or respond.1

1

After the Report issued, plaintiff submitted a declaration regarding his failure to receive
medication prescribed by the rheumatologist. The declaration has been filed of record. Doc. no. 49.
It does not constitute an objection to the Report.

After review of the issues covered in the Report, with no objection having been
filed, and having concluded that no further analysis is necessary, the Report and
Recommendation of Magistrate Judge Goodwin is ACCEPTED, ADOPTED and
AFFIRMED in its entirety. In accordance with the recommendations, the Oklahoma
Department of Corrections (ODOC) defendants’ motion to dismiss (doc. no. 25), is
GRANTED in its entirety; the Lawton Correctional Facility (LCF) defendants’
motion to dismiss (doc. no. 34) is GRANTED IN PART and DENIED IN PART;
and plaintiff’s motion for

preliminary injunctive relief is DENIED.

specifically:
(i)

Plaintiff’s 42 U.S.C. § 1983 claims against ODOC and for money
damages against Defendant McCoy in her official capacity are
DISMISSED pursuant to the Eleventh Amendment;

(ii)

All claims against Defendant GEO and all remaining claims
against Defendant McCoy are DISMISSED for failure to state a
claim upon which relief can be granted;

(iii)

Plaintiff’s Eighth Amendment Medical Treatment claim is
DISMISSED as to Defendant Stouffer for failure to state a claim
upon which relief can be granted;

(iv)

Plaintiff’s Eighth Amendment Rheumatologist Claim is NOT
DISMISSED as to Defendant Stouffer; and

(v)

Plaintiff’s Motion for Preliminary Injunction (Doc. No. 16) is
DENIED.

-2-

More

This order does not dispose of all issues referred to the magistrate judge. This
action remains referred.
Dated this 4th day of August, 2016.

15-0783p001.wpd

-3-