Dawson v. Rios et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 7 , dismissing this action without prejudice, and finding that plaintiff's Applications for Leave to Proceed In Forma Pauperis [docket nos. 2 & 6] and Permission to Petition the Court for Help (construed as a Motion to Appoint Counsel) [docket no. 10] are now moot. Signed by Honorable Vicki Miles-LaGrange on 6/2/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RICHARD DAWSON, JR.,
Plaintiff,
v.
HECTOR RIOS, Warden, in his official
and individual capacity,
ADEMOLA ADERAGBA,
GEO security officer, in his official and
individual capacity,
LT. FNU JAMES, in his official and
individual capacity,
LT FNU ENGLE, in his official and
individual capacity,
Defendants.

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Case No. CIV-17-295-M

ORDER
On April 19, 2017, United States Magistrate Judge Suzanne Mitchell issued a Report and
Recommendation in this action, recommending this matter be dismissed without prejudice to
refiling. Specifically, the Magistrate Judge recommended dismissal based on her finding that
“[plaintiff’s] failure to list his assets or acknowledge funds in a prison savings account when called
on by the ifp affidavit to so do mandated the dismissal of his action without prejudice.” Report and
Recommendation at 4 (citing Campbell v. Whetsel, Case No. CIV-08-1010-R at 2-3 (W.D. Okla.
May 29, 2009) (unpublished)). Plaintiff was advised of his right to file an objection to the Report
and Recommendation on or before May 9, 2017. On May 22, 2017, plaintiff filed his objection. 1

1

Initially, on April 25, 2017, plaintiff’s copy of the Report and Recommendation was
returned back to the Court as undeliverable. On May 8, 2017, plaintiff filed a change of address
form, and on May 15, 2017, the Court re-sent plaintiff a copy of the Report and Recommendation.

Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 7] issued by the Magistrate
Judge on April 19, 2017;

(2)

DISMISSES this action without prejudice to refiling; and

(3)

FINDS that plaintiff’s Applications for Leave to Proceed In Forma Pauperis [docket
nos. 2 & 6] and Permission to Petition the Court for Help (construed as a Motion to
Appoint Counsel) [docket no. 10] are now MOOT.

IT IS SO ORDERED this 2nd day of June, 2017.