Sermeno v. Allbaugh et al

Filing 25

ORDER ADOPTING 24 REPORT AND RECOMMENDATION; granted in part and denied in part 16 MOTION to Dismiss filed by Debbie Aldridge, Joe M Allbaugh ; referred back to Magistrate Judge Erwin; mailed to Larry A Sermeno #AM2420 CORCORAN PO BOX 5244 Corcoran, CA 93212. Signed by Honorable Robin J. Cauthron on 7/21/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LARRY A. SERMENO,
Plaintiff,
vs.
JOE M. ALLBAUGH. et al.,
Defendants.

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No. CIV-16-1196-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation entered by
United States Magistrate Judge Shon T. Erwin on June 21, 2017. The Court file reflects
that no party has objected to the Report and Recommendation within the time limits
prescribed. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge (Dkt. No. 24), and for the reasons announced therein:
1.

Denies Defendants’ Motion to Dismiss (Dkt. No. 16) which asserted a loss

of standing and subject matter jurisdiction due to Ms. Hilberling’s death;
2.

Grants Defendants’ Motion in part and dismisses Plaintiff’s claims for

injunctive relief and future damages based on mootness; and
3.

Denies Defendants’ Motion in part as it pertains to Plaintiff’s claims for

compensatory and punitive damages, which are not rendered moot owing to Ms.
Hilberling’s death.

This matter is returned to Judge Erwin for further proceedings consistent with the
original Order of Referral.
IT IS SO ORDERED this 21st day of July, 2017.