Morales v. GEO Group Inc et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 of Magistrate Judge Charles B. Goodwin...the court adopts the report and recommendation and dismisses the action without prejudice. Signed by Honorable Joe Heaton on 11/14/2017. (cla)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA AARON GARCIA MORALES, Plaintiff, vs. THE GEO GROUP, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) NO. CIV-16-1334-HE ORDER Plaintiff, a state prisoner appearing pro se and in forma pauperis, filed this § 1983 action alleging violations of his constitutional rights. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Charles B. Goodwin for initial proceedings. After reviewing the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), Judge Goodwin has issued a Report and Recommendation (the “Report”) recommending that the complaint be dismissed without prejudice because plaintiff’s allegations fail to state a claim upon which relief may be granted. Plaintiff has failed to object to the Report. Plaintiff thereby waives 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 also 28 U.S.C. § 636(b)(1)(C). Further, the court is in substantial agreement with the Report and finds that plaintiff has failed to state a claim upon which relief may be granted. Accordingly, the court ADOPTS the Report and Recommendation [Doc. #15] and dismisses the action without prejudice. IT IS SO ORDERED. Dated this 14th day of November, 2017. 2

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