Sheppard v. Garfield County Jail

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 6 , dismissing this action without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which § 1983 relief may be granted, and denying as moot 2 plaintiff's Application for Leave to Proceed In Forma Pauperis. Signed by Honorable Vicki Miles-LaGrange on 10/13/2016. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
COLBY DENNIS SHEPPARD,
Plaintiff,
vs.
GARFIELD COUNTY JAIL,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. CIV-16-998-M

ORDER
On September 8, 2016, United States Magistrate Judge Bernard M. Jones issued a Report
and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging violations of
plaintiff’s federal constitutional rights. The Magistrate Judge recommended that this action be
dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon
which § 1983 relief may be granted and that plaintiff’s Application for Leave to Proceed In Forma
Pauperis be denied as moot. Plaintiff was advised of his right to object to the Report and
Recommendation by September 29, 2016. A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1)
(2)
(3)

ADOPTS the Report and Recommendation [docket no. 6] issued by the Magistrate
Judge on September 8, 2016;
DISMISSES this action without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which § 1983 relief may be granted, and
DENIES plaintiff’s Application for Leave to Proceed In Forma Pauperis [docket no.
2] as MOOT.

IT IS SO ORDERED this 13th day of October, 2016.