Sawyers v. Edwards et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION 35 of Magistrate Judge Bernard M. Jones...the court grants defendant Cooper's motion to dismiss 23 and dismisses plaintiff's claims against defendant Cooper without prejudice for lack of jurisdiction based on insufficient service of process; plaintiff is granted 21 days within which to effect service upon Dr. Cooper; this order does not terminate the referral to the magistrate judge. Signed by Honorable Joe Heaton on 9/18/2017. (cla)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANDREW L. SAWYERS,
Plaintiff,
vs.
CHRIS WEST, et al.,
Defendants.

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NO. CIV-17-0052-HE

ORDER
Plaintiff Andrew L. Sawyers, a state prisoner appearing pro se, 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 Bernard M. Jones.

He has

recommended that the motion to dismiss, based on insufficient service of process and lack
of jurisdiction, filed by defendant Dr. Cooper be granted, but that plaintiff be granted an
additional twenty-one days to serve the defendant properly. Plaintiff has failed to object
to the Report and Recommendation and thereby waived 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 28 U.S.C. §636(b)(1)(C).
Accordingly, the court ADOPTS Magistrate Judge Jones’s Report and
Recommendation, GRANTS defendant Cooper’s motion to dismiss [Doc. #23] and
DISMISSES plaintiff’s claims against defendant Cooper without prejudice for lack of
jurisdiction based on insufficient service of process. Plaintiff is granted twenty-one (21)

days within which to effect service upon Dr. Cooper. 1 This order does not terminate the
referral to the magistrate judge.
IT IS SO ORDERED.
Dated this 18th day of September, 2017.

1

The court notes that plaintiff has filed a motion seeking leave to amend his complaint.
The court assumes that will not affect plaintiff obtaining proper service upon Dr. Cooper but, if it
should, that the magistrate judge will handle the issue by appropriate order.

2