McCoy v. Whetsel et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 12 and finding as moot plaintiff's remaining motions 5 , 6 , 7 , and 8 (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 2/16/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KEVIN DEMOND MCCOY,
Plaintiff,
v.
JOHN WHETSEL, Oklahoma County
Sheriff, OKLAHOMA COUNTY
SHERIFF’S OFFICE, and OKLAHOMA
COUNTY JAIL MEDICAL STAFF,
Defendants.

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Case No. CIV-16-487-M

ORDER
On June 9, 2016, United States Magistrate Judge Suzanne Mitchell issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983. The Magistrate Judge
recommended this action be dismissed as follows: (1) dismiss, with prejudice, plaintiff’s claims
against the Oklahoma County Sheriff’s Office, and (2) dismiss, without prejudice, all of
plaintiff’s remaining claims for failure to state a 42 U.S.C. § 1983 claim. Plaintiff was advised of
his right to file an objection to the Report and Recommendation by June 29, 2016. 1 A review of
the file reveals no objection to the Report and Recommendation has been filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 12] issued by the
Magistrate Judge on June 9, 2016;

(2)

DISMISSES plaintiff’s Complaint as follows: (1) the Court dismisses, with
prejudice, plaintiff’s claims against the Oklahoma County Sheriff’s Office; and
(2) the Court dismisses, without prejudice, all of plaintiff’s remaining claims for
failure to state a 42 U.S.C. § 1983 claim; and

1

On July 8, 2016, the Court entered an Order granting plaintiff an extension to file his
objection on or before September 9, 2016.

(3)

FINDS that plaintiff’s remaining motions – Motion to Expand Brief in Support
[docket no. 5], Motion to Appoint Counsel [docket no. 6], Motion for Evidentiary
Hearing [docket no. 7], and Motion for Discovery [docket no. 8] are now MOOT.

IT IS SO ORDERED this 16th day of February, 2017.