Anderson v. Falsted et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION 30 of Magistrate Judge Charles Goodwin and dismisses this action without prejudice. Signed by Honorable Joe Heaton on 04/24/2018. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES B. ANDERSON JR.,
Plaintiff,
vs.
LIEUTENANT FALSTED, et al.,
Defendants.

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NO. CIV-16-1060-HE

ORDER
Plaintiff Charles B. Anderson Jr., a federal prisoner appearing pro se and in forma
pauperis, filed this Bivens1 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. The court adopted the magistrate judge’s prior Report and Recommendation
and dismissed without prejudice plaintiff’s claims against the ten “John and Jane Doe”
defendants in Count II of the complaint.
The magistrate judge now recommends in a Report and Recommendation
(“Report”) that the action be dismissed because plaintiff has not prosecuted his case in
accordance with the court’s orders and procedural rules. Plaintiff has failed, among other
things, to file a change of address form with the court and effect service on the remaining
defendant.

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Bivens v. Six Unknown Named Agents of Fed. Bur. of Narcotics, 403 U.S. 388 (1971).

Plaintiff failed to object to the Report. He 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 U.S.C. §636(b)(1)(C).
Accordingly, the court adopts Magistrate Judge Goodwin’s Report and
Recommendation and dismisses this action without prejudice.
IT IS SO ORDERED
Dated this 24th day of April, 2018.

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