Celestine v. Payne et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 and dismissing this action without prejudice for failure to timely serve defendants and failure to prosecute this action. Signed by Honorable Vicki Miles-LaGrange on 7/12/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
MARCO CELESTINE,
Plaintiff,
v.
CHRISTOPHER PAYNE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-17-13-M

ORDER
On May 31, 2017, United States Magistrate Judge Gary M. Purcell issued a Report and
Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging defendants violated
plaintiff’s civil rights. The Magistrate Judge recommended this action be dismissed without
prejudice for failure to timely serve defendants and failure to prosecute this action. Plaintiff was
advised of his right to file his objection to the Report and Recommendation on or before June 20,
2017. A review of the file reveals no objection has been filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 11] issued by the Magistrate
Judge on May 31, 2017; and

(2)

DISMISSES this action without prejudice for failure to timely serve defendants and
failure to prosecute this action.

IT IS SO ORDERED this 12th day of July, 2017.