Madden v. Madden et al

Filing 12

ORDER ADOPTING 11 Report and Recommendation, DISMISSING action without prejudice under 28 U.S.C. §§ 1915A(b), 1915(e)(2)(B) for failure to state a claim against any dft upon which relief may be granted. Signed by Honorable Stephen P. Friot on 11/2/2016. (llg)

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

ROBERT ALAN MADDEN,
Plaintiff,
-vsANDY MADDEN; CHRIS
GRACE, Deputy Sheriff,
McClain County; McCLAIN
COUNTY JUDGE, and
McCLAIN COUNTY DISTRICT
ATTORNEY,
Defendants.

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Case No. CIV-16-856-F

ORDER
On September 29, 2016, United States Magistrate Judge Suzanne Mitchell
issued a Report and Recommendation, recommending that plaintiff’s action be
dismissed without prejudice under 28 U.S.C. §§ 1915A(b), 1915(e)(2)(B) for failure
to state a claim against any defendant upon which relief may be granted. Magistrate
Judge Mitchell advised plaintiff of his right to file an objection to the Report and
Recommendation on or before October 19, 2016 and specifically advised plaintiff that
failure to file a timely objection waives his right to appellate review of both factual
and legal issues therein contained.
Plaintiff has not filed an objection to the Report and Recommendation within
the time prescribed by Magistrate Judge Mitchell. With no objection being filed, the
court accepts, adopts and affirms the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation (doc. no. 11) issued by United
States Magistrate Judge Suzanne Mitchell on September 29, 2016 is ACCEPTED,

ADOPTED and AFFIRMED. Plaintiff’s action is DISMISSED WITHOUT
PREJUDICE under 28 U.S.C. §§ 1915A(b), 1915(e)(2)(B) for failure to state a claim
against any defendant upon which relief may be granted.
DATED November 2, 2016.

16-0856p001.wpd

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