Escalante v. Bear

Filing 16

ORDER adopting Report and Recommendations re 14 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 11/20/2017. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
EFRAIN ESCALANTE,
Plaintiff,
v.
LT. R. PRICE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-17-694-D

ORDER
Plaintiff, a state prisoner appearing pro se, brought this action pursuant to 42
U.S.C. § 1983, alleging violations of his federal constitutional rights. The matter was
referred to United States Magistrate Judge Bernard M. Jones for initial proceedings
consistent with 28 U.S.C. § 636(b)(1)(B), (C). Pursuant to 28 U.S.C. § 1915A, Judge
Jones conducted an initial review of Plaintiff’s Amended Complaint and issued a
Report and Recommendation (R&R) [Doc. No. 14] in which he recommended that
the complaint be dismissed without prejudice for failure to state a plausible claim
upon which relief could be granted.
The R&R advised Plaintiff of his right to object and directed that any
objection be filed by November 2, 2017. It further advised Plaintiff that the failure
to make timely objection would result in waiver of the right to appeal the factual and
legal issues addressed therein. The prescribed deadline for filing objections has
passed, and to date, Plaintiff has neither filed an objection nor sought an extension

of time to do so. Accordingly, the R&R is accepted and adopted as though fully set
forth herein.
IT IS SO ORDERED this 20th day of November 2017.

2