Butler v. Rios et al

Filing 30

ORDER ADOPTING 29 Report and Recommendation, GRANTING 27 Sealed Motion to Dismiss or in the Alternative Motion for Summary Judgment (construed as a motion for summary judgment) filed by FNU Gordon, Latoya Dawson, FNU Clark, Hector Rios. Signed by Honorable Stephen P. Friot on 1/3/2018. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BILLY BUTLER,
Plaintiff,
-vsHECTOR RIOS, et al.,
Defendants.

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Case No. CIV-17-364-F

ORDER
United States Magistrate Judge Gary M. Purcell issued a Report and
Recommendation on November 30, 2017, recommending that Defendants’ Motion
to Dismiss or in the Alternative Motion for Summary Judgment, construed as a
motion for summary judgment, be granted and that judgment issued in favor of
defendants and against plaintiff. In the Report and Recommendation, Magistrate
Judge Purcell advised the parties of their respective right to file an objection to the
recommended ruling by December 20, 2017 and that failure to timely object would
waive appellate review of the recommended ruling.
To date, no party has filed an objection to the Report and Recommendation.
Nor has any party sought an extension of time to file an objection. With no objection
filed within the time prescribed, the court accepts, adopts and affirms the Report and
Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Gary M. Purcell (doc. no. 29) is ACCEPTED, ADOPTED and
AFFIRMED. Defendants’ Motion to Dismiss or in the Alternative Motion for

Summary Judgment, construed as a motion for summary judgment (doc. no. 27), is
GRANTED. Judgment shall issue forthwith.
IT IS SO ORDERED this 3rd day of January, 2018.

17-0364p001.docx

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