Linzy v. Bryant et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 14 ; Dismisses without prejudice Linzy's claims against ODOC and his claims for monetary relief against Bryant in his official capacity; agrees amendment should be permitted and re-refers this matter to Magistrate Judge Suzanne Mitchell. Signed by Honorable Lee R. West on 12-12-2016. (kb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
STANLEY RAY DIJON LINZY,

Plaintiff,
No. CIV-16-1031-W

vs.

JASON BRYANT,
Defendant.^
ORDER

On November 29, 2016, United States Magistrate Judge Suzanne Mitchell issued

a Report and Recommendation in this matter and recommended that the Court dismiss
without prejudice the claims asserted by plaintiff Stanley Ray Dijon Linzy againstdefendant
Oklahoma Department Corrections ("ODOC") and likev\/ise dismiss without prejudice those
claims for monetary relief asserted againstdefendantJason Bryant in hisofficial capacity.
See Doc. 14 at 5. Magistrate Judge Mitchell further recommended that Linzy, a state

prisoner proceeding pro se, be granted leave to amend because in her opinion he could
potentially correct the pleading defect as to defendant Bryant. See jdAlthough Linzy was advised of his right to object to the Report and Recommen
dation, s^ jd., he has instead filed an amended complaint. See Doc. 15. ODOC is not
named as a defendant in the amended pleading, and Bryant has been sued only in his
individual capacity. See jd. at 4.

^Rule 10(a), F.R.Civ.P., provides that "[t]he title of the complaint must name all the
parties[.]" The title of this Order reflects the title Linzy used in his amended complaint. See Doc.
15.

Upon review of the record, the Court concurs with Magistrate Judge Mitchell's
suggested disposition of Linzy's original complaint. Accordingly, the Court

(1) ADOPTS the Report and Recommendation, see Doc. 14, issued on November
29, 2016;

(2) DISMISSES without prejudice Linzy's claims against ODOC and his claims for
monetary relief against Bryant in his official capacity:

(3) AGREES that amendment should be permitted in this instance; and

(4) in light ofthe amended complaint, see Doc. 15, file-stamped Decembers, 2016,
RE-REFERS this matter to Magistrate Judge Mitchell for further proceedings.

ENTERED this /2-^ day of December, 2016.

LEE/R. WEST

UNITED STATES DISTRICT JUDGE