Martinez v. Oklahoma City Police Department et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 10 and Dismissing plaintiff's Complaint [docket no. 1] with prejudice for failure to state a claim upon which relief may be granted. Signed by Honorable Vicki Miles-LaGrange on 4/5/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CHRISTIAN BRETT MARTINEZ,
Plaintiff,
v.
OKLAHOMA CITY POLICE
DEPARTMENT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-16-1351-M

ORDER
On January 6, 2017, United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging defendants violated
his constitutional rights. The Magistrate Judge recommended this action be dismissed with
prejudice, as the Oklahoma City Police Department and Edmond Police Department may not be
sued and Oklahoma County is not the proper party. Plaintiff was advised of his right to file an
objection to the Report and Recommendation by January 23, 2017. A review of the files reveals
no objection has been filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 10] issued by the Magistrate
Judge on January 6, 2017; and

(2)

DISMISSES plaintiff’s Complaint [docket no. 1] with prejudice for failure to state
a claim upon which relief may be granted.

IT IS SO ORDERED this 5th day of April, 2017.