Anderson v. Falsted et al
ORDER ADOPTING REPORT AND RECOMMENDATION 21 of Magistrate Judge Charles B. Goodwin; dismissing without prejudice plaintiff's claims in Count II against the John and Jane Doe defendants; this order does not terminate the referral to the magistrate judge. Signed by Honorable Joe Heaton on 10/6/2017. (cla)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES B. ANDERSON JR.,
LIEUTENANT FALSTED, et al.,
Plaintiff Charles B. Anderson Jr., a federal prisoner appearing pro se and in forma
pauperis, filed this Bivens 1 action against eleven employees at the Federal Correctional
Institution, El Reno, where he previously was incarcerated. Consistent with 28 U.S.C.
§636(b), the matter was referred to Magistrate Judge Charles B. Goodwin for initial
proceedings. He conducted an initial review of the complaint pursuant to 28 U.S.C. §§
1915A(a) and 1915(e)(2)(B)(ii) and recommends that plaintiff’s claims against the ten
“John and Jane Doe” defendants in Count II of the complaint should be dismissed.
The magistrate judge concluded that, while plaintiff did not necessarily have to be
able to identify the defendants or know the prison officials’ specific titles in order to state
a claim against them, he had failed to allege sufficient information “to provide each
individual with fair notice as to the basis of the claims against him or her, as distinguished
from collective allegations.” Doc. #21, pp. 6-7 (quoting Kansas Penn Gaming, LLC v.
Bivens v. Six Unknown Named Agents of Fed. Bur. of Narcotics, 403 U.S. 388 (1971).
Collins, 656 F.3d 1210, 1215 (10th Cir. 2011)). Plaintiff failed to object to the Report and
Recommendation and thereby waived his right to appellate review of the factual and legal
issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010); see 28
Accordingly, the court adopts Magistrate Judge Goodwin’s Report and
Recommendation and dismisses without prejudice plaintiff’s claims in Count II against the
John and Jane Doe defendants. This order does not terminate the referral to the magistrate
IT IS SO ORDERED.
Dated this 6th day of October, 2017.
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