Beals v. Fields et al

Filing 29

ORDER ADOPTING 20 REPORT AND RECOMMENDATION; mailed to Timothy L Beals #235183 SAYRE-NFCC 1605 E Main Sayre, OK 73662. Signed by Honorable Robin J. Cauthron on 2/28/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TIMOTHY BEALS,
Plaintiff,
vs.
KYLE FIELDS, et al.,
Defendants.

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No. CIV-16-1182-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Bernard M. Jones, consistent with the provisions of 28
U.S.C. § 636(b)(1)(B). Judge Jones entered a Report and Recommendation on December
23, 2016, to which Petitioner has timely objected. On January 27, 2016, Plaintiff was
granted until February 17, 2017, to supplement his Objection, but no supplement has been
received as of this date. The Court therefore considers the matter de novo.
Plaintiff’s Objection seeks to avoid the bar of Heck v. Humphrey, 512 U.S. 477
(1994), alleging his attempts to involve this Court in abating ongoing constitutional
violations should excuse the bar. Plaintiff has cited no authority for this proposition and
the Court knows of none. The recommendations of Judge Jones reflect no dispute on
relevant facts and are supported by governing law.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge, and for the reasons announced therein, Plaintiff’s federal claims are
dismissed sua sponte for failure to state a claim upon which relief may be granted. This

dismissal count as a prior-occasion “strike” under 28 U.S.C. § 1915(g). The Court declines
to exercise pendent jurisdiction over Plaintiff’s state law claim of slander against Mr.
Fields. A judgment will enter accordingly.
IT IS SO ORDERED this 28th day of February, 2017.