Gerken v. Caddo County Jail

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 7 and denying 1 Gerken's request for appointment of counsel file-stamped June 23, 2016; and denying 6 Gerken's request for appointment of counsel file-stamped July 29, 2016; and dismisses this matter without prejudice. Signed by Honorable Lee R. West on 10/11/2016. (kb)

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

JERRY FRANCIS GERKEN,

Plaintiff,
No. CIV-16-707-W

vs.

CADDO COUNTY JAIL,
Defendant.

ORDER

On September 7, 2016, United States Magistrate Judge Shon T. Erwin issued a

Report and Recommendation in this matter, and upon his review of the document filed by
plaintiff Jerry Francis Gerken, that was construed as a "complaint," s^ Doc. 1, he
recommended that this matter be dismissed without prejudice. Magistrate Judge Erwin

further recommended that Gerken's requests for appointment of counsel be denied and
that the dismissal of this matter count as a strike pursuant to title 28, section 1915(g) of the
United States Code. Although Gerken was advised of his right to object, s^ Doc. 7 at 4,
and of the consequences of his failure to do so, no objections have been filed within the
allotted time.

Upon review of the record, the Court concurs with Magistrate Judge Erwin's finding
that Gerken has failed to state a claim for relief in the document file-stamped June 23,
2016, see Doc. 1, and with his suggested disposition of this matter. The Court finds,
however, that the circumstances of this case do not warrant the imposition of a strike under
section 1915(g).

Accordingly, the Court

(1)ADOPTS the Report and Recommendation [Doc. 7]filed on September 7,2016,
to the extent stated;

(2) DENIES Gerken's request forappointment ofcounsel [Doc. 1]file-stamped June
23, 2016, and his request for appointment of counsel [Doc. 6] file-stamped July 29, 2016;
and

(3) DISMISSES this matter without prejudice.

ENTERED this 11**^ day of October, 2016.

E R. WEST

NITED STATES DISTRICT JUDGE