Hester v. Pulley et al

Filing 11

ORDER ADOPTING 6 REPORT AND RECOMMENDATION; Brady Wells Hester ALTUS-JCJ 600 S Main St Altus, OK 73521. Signed by Honorable Robin J. Cauthron on 1/26/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRADY WELLS HESTER,
Plaintiff,
vs.
MRS. T. PULLEY, et al.,
Defendants.

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No. CIV-16-1262-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 December 22, 2016. 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 Report and Recommendation (Dkt. No. 9) of the Magistrate Judge is
adopted and, and, for the reasons announced therein, Claim Three of Plaintiff’s Complaint is
dismissed with prejudice. Claims One and Two of Plaintiff’s Complaint are dismissed, without
prejudice, for failure to state a claim upon which relief can be granted. Plaintiff may amend the
Complaint within 21 days to cure the defects.
IT IS SO ORDERED this 26th day of January, 2017.

*

Although the Report and Recommendation mailed to Plaintiff was returned as
undeliverable, no other address has been provided by him as required by LCvR5.4: “Papers sent
by the court will be deemed delivered if sent to the last known address given to the court.”