Stanley v. Balock

Filing 44

ORDER ADOPTING 42 Report and Recommendation, GRANTING 36 Motion for Summary Judgment filed by Robert Balogh. Signed by Honorable Stephen P. Friot on 1/3/2018. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TOM STANLEY, JR.,
Plaintiff,
-vsROBERT BALOGH,
Defendant.

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Case No. CIV-16-0619-F

ORDER
Plaintiff Tom Stanley, Jr., a state prisoner appearing pro se and in forma
pauperis, brings this action pursuant to 42 U.S.C. § 1983 alleging deliberate
indifference to his pain in violation of the Eighth Amendment.
In Magistrate Judge Bernard M. Jones’ Report and Recommendation of
December 11, 2017 (doc. no. 42, the Report), the magistrate judge recommends that
the court grant defendant’s motion for summary judgment (doc. no. 36) based on
plaintiff’s non-exhaustion of administrative remedies and failure to demonstrate
deliberate indifference in violation of the Eighth Amendment.
The Report advises the parties that any objection to the Report must be filed
by January 2, 2018, and that failure to make timely objection waives the right to
appellate review of the factual and legal issues addressed in the Report. No objection
to the Report has been filed and there has been no request for an extension of time
within which to do so.1

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The copy of the Report which was sent to plaintiff at his record address was returned to the court
as undeliverable (marked “Return to Sender,” “Unable to Forward”). Doc. no. 43.

Having reviewed the detailed Report, and with no objection to the Report
having been filed, the court finds that it concurs in the recommended rulings as stated
in the Report and that no additional discussion is necessary here. The Report (doc.
no. 42) is ACCEPTED, ADOPTED and AFFIRMED. As recommended in the
Report, defendant’s motion for summary judgment (doc. no. 36) is GRANTED
based on plaintiff’s non-exhaustion of administrative remedies and failure to
demonstrate deliberate indifference in violation of the Eighth Amendment.
IT IS SO ORDERED this 3rd day of January, 2018.

16-0619p002.docx

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