Fishburn v. State of Oklahoma

Filing 9

ORDER adopting Report and Recommendations re 7 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 9/18/2017. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOSHUA CALVIN FISHBURN,
Plaintiff,
v.
STATE OF OKLAHOMA, et al.,
Defendants.

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Case No. CIV-17-790-D

ORDER
Plaintiff, appearing pro se, brought this action pursuant to 42 U.S.C. § 1983
alleging violations of his constitutional rights. The matter was referred to United
States Magistrate Judge Bernard Jones for initial proceedings under 28 U.S.C. §
636(b) and Rule 72(b), Federal Rules of Civil Procedure. On August 17, 2017, Judge
Jones issued a Report and Recommendation (“R&R” or “Report”) [Doc. No. 7] in
which he recommended that Plaintiff’s action be dismissed without prejudice for
failing to submit the necessary paperwork to prosecute his action.
In his Report, Judge Jones notified Plaintiff of the right to object and directed
that any objections be filed on or before September 7, 2017. Judge Jones also advised
Plaintiff that failing to object would result in waiver of the right to appellate review
of the factual and legal issues addressed in the Report. The deadline for filing
objections has passed, and Plaintiff has neither filed an objection nor requested an

extension of time to do so. Accordingly, the R&R is ADOPTED as though fully set
forth herein.
IT IS SO ORDERED this 18th day of September 2017.

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