Cox v. Mobilex USA et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATION 39 , granting 28 defendant Mobilex USA's Motion to Dismiss, and dismissing this action without prejudice for lack of venue. Signed by Honorable Vicki Miles-LaGrange on 9/14/2016. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOSEPH COX, JR.,
Plaintiff,
vs.
MOBILEX USA; ELLIOT WAGNER,
M.D./L.E., Radiologist,
Defendants.

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Case No. CIV-16-6-M

ORDER
On August 16, 2016, United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging violations of
plaintiff’s rights under the United States Constitution. The Magistrate Judge recommended that
defendant Mobilex USA’s motion to dismiss be granted and that plaintiff’s Complaint be dismissed
without prejudice for lack of venue. The parties were advised of their right to object to the Report
and Recommendation by September 2, 2016. On August 31, 2016, plaintiff filed his objections, and
on September 9, 2016, defendants filed their reply in opposition to plaintiff’s objections.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 39] issued by the Magistrate
Judge on August 16, 2016;

(2)

GRANTS defendant Mobilex USA’s motion to dismiss [docket no. 28]; and

(3)

DISMISSES this action without prejudice for lack of venue.

IT IS SO ORDERED this 14th day of September, 2016.