Coronado v. Bosley et al

Filing 18

ORDER adopting 17 Report and Recommendation as though fully set forth herein. Plaintiff's claims are dismissed with prejudice to refiling. This dismissal counts as one strike. Signed by Honorable Timothy D. DeGiusti on 12/12/17. (ml)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SERGIO STEVEN CORONADO,
Plaintiff,
v.
FNU BOSLEY, Corrections Officer,
individually, and
FNU KERR, Corrections Officer,
individually,
Defendants.

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Case No. CIV-17-858-D

ORDER
Plaintiff, a pro se litigant, filed this § 1983 action on August 10, 2017, seeking
monetary relief for alleged violations of his constitutional rights while he was incarcerated
at North Fork Correctional Center in Sayre, Oklahoma, on January 26, 2015. [Doc. No.
1]. Pursuant to 28 U.S.C. § 636(b)(1)(B), the matter was referred to United States
Magistrate Judge Suzanne Mitchell for initial proceedings.
On November 15, 2017, Judge Mitchell filed a Report and Recommendation
(“Report”) [Doc. No. 17], in which she recommended that the Court dismiss Plaintiff’s
claims with prejudice because they fail to state a claim upon which relief can be granted.
Specifically, Judge Mitchell found that Plaintiff’s claims were barred by the applicable
two-year statute of limitations.
Judge Mitchell advised Plaintiff of his right to object and directed that any objection
be filed on or before December 5, 2017. Judge Mitchell further advised Plaintiff that any
failure to object would result in a waiver of the right to appellate review. The deadline for

filing objections has passed. To date, Plaintiff has not filed objections and has not sought
an extension of time in which to do so.
Accordingly, Judge Mitchell’s Report and Recommendation [Doc. No. 17] is
ADOPTED as though fully set forth herein. Plaintiff’s claims are dismissed with prejudice
to refiling. This dismissal counts as one strike pursuant to 28 U.S.C. § 1915(g) after
Plaintiff’s exhaustion or waiver of his appeal rights, in accordance with Jennings v.
Natrona County Det. Ctr. Med. Facility, 175 F.3d 775, 780 (10th Cir. 1999).
IT IS SO ORDERED this 12th day of December 2017.

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