Celestine v. State of Oklahoma et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION 8 and dismissing plaintiff's Complaint [docket no. 1] without prejudice for failure to state a claim upon which relief may be granted. Signed by Honorable Vicki Miles-LaGrange on 9/13/2016. (ks)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TYRELL DUVOE CELESTINE, Plaintiff, v. THE STATE OF OKLAHOMA, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-16-635-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 defendants violated his constitutional rights. The Magistrate Judge recommended that this action be dismissed for failure to state a claim upon which relief may be granted. Plaintiff was advised of his right to file an objection to the Report and Recommendation by September 2, 2016. A review of the file reveals no objection has been filed. Accordingly, upon de novo review, the Court: (1) ADOPTS the Report and Recommendation [docket no. 8] issued by the Magistrate Judge on August 16, 2016; and (2) DISMISSES plaintiff’s Complaint [docket no. 1] without prejudice for failure to state a claim upon which relief may be granted. IT IS SO ORDERED this 13th day of September, 2016.

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