Lee v. Federal Transfer Center

Filing 21

CORRECTED ORDER VACATING 19 11/16/2016 Order, ADOPTING, with one exception, 12 Report and Recommendation, DISMISSING this action without prejudice, STRIKING as deficient 11 Motion for Leave to Proceed in forma pauperis filed by Brandon Che Lee. Signed by Honorable Stephen P. Friot on 11/17/2016. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRANDON CHE LEE,
Plaintiff,
-vsFEDERAL TRANSFER CENTER, et al.,
Defendants.

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Case No. CIV-16-0991-F

CORRECTED ORDER1
Magistrate Judge Bernard M. Jones issued a Report and Recommendation in
this action brought by plaintiff Brandon Che Lee alleging violations of plaintiff’s
constitutional rights under Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics, 403 U.S. 388 (1971). Doc. no. 12 (the Report).
The Report concludes that plaintiff’s action should be dismissed without
prejudice to refiling, and that plaintiff’s application for leave to proceed in forma
pauperis (doc. no. 11) should either be stricken as deficient or denied as moot. The
Report also recommends that the dismissal count as a strike pursuant to 28 U.S.C.
§1915(g).
Plaintiff objects to the Report (doc. no. 18), arguing that he has been unduly
detained under a fake judgment and commitment order.

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The order at doc. no. 19 is vacated, and this Corrected Order is substituted under Rule 60(a),
Fed. R. Civ. P. The correction is necessary because, having stricken the motion for in forma
pauperis status, the court declines to find that the dismissal should count as a strike. This Corrected
Order does not find that the dismissal counts as a strike, and to the extent that the Report
recommended such a finding, that particular recommendation is not adopted.

All objected to matters have been reviewed de novo. The arguments raised by
the plaintiff in his objection are adequately addressed in the Report. Having
completed its review, the court finds that no purpose would be served by any
additional analysis here.
Plaintiff’s objection to the Report is DENIED. The Report and
Recommendation of the Magistrate Judge is ACCEPTED, ADOPTED and
AFFIRMED, with one exception. The court does not adopt the Magistrate Judge’s
recommendation that the dismissal count as a strike. As recommended in the Report,
this action is DISMISSED without prejudice, and plaintiff’s application for leave to
proceed in forma pauperis is STRICKEN as deficient.
Dated this 17th day of November, 2016.

16-0991p003.wpd

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