Wood v. Rios et al

Filing 15

ORDER ADOPTING 13 Report and Recommendation. Plf's cause of action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§1915A(b) & 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. The dismissal of plf's cause of action counts as one "prior occasion" or "strike" pursuant to 28 U.S.C. § 1915(g). Signed by Honorable Stephen P. Friot on 1/12/2017. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

STEVEN RAY WOOD,
Plaintiff,
-vsHECTOR A. RIOS, Warden, et al.,
Defendants.

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Case No. CIV-16-1362-F

ORDER
United States Magistrate Judge Gary M. Purcell issued a Report and
Recommendation on December 30, 2016, recommending that plaintiff’s cause of
action be dismissed without prejudice pursuant to 28 U.S.C. §§1915A(b) and
1915(e)(2)(B) for failure to state a claim upon which relief may be granted.
Magistrate Judge Purcell further recommended that the dismissal of plaintiff’s cause
of action count as one “prior occasion” or “strike” pursuant to 28 U.S.C. § 1915(g).
Presently before the court is plaintiff’s objection to the Report and
Recommendation. Having conducted a de novo review of the matter pursuant to 28
U.S.C. § 636(b)(1), the court concurs with the analysis of Magistrate Judge Purcell.
The court finds plaintiff’s objection to Magistrate Judge Purcell’s recommended
ruling of dismissal to be without merit. Therefore, Magistrate Judge Purcell’s Report
and Recommendation is accepted, adopted and affirmed.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Gary M. Purcell on December 30, 2016 (doc. no. 13) is
ACCEPTED, ADOPTED and AFFIRMED.

Plaintiff’s cause of action is

DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§1915A(b) and

1915(e)(2)(B) for failure to state a claim upon which relief may be granted. The
dismissal of plaintiff’s cause of action counts as one “prior occasion” or “strike”
pursuant to 28 U.S.C. § 1915(g).
DATED January 12, 2017.

16-1362p001.wpd

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