Thurman v. Oklahoma County Commissioners et al

Filing 112

ORDER ADOPTING REPORT AND RECOMMENDATION for 106 Report and Recommendation, and granting 87 SECOND MOTION for Summary Judgment, filed by FNU Miller. A separate judgment shall be entered. Signed by Honorable Charles Goodwin on 07/21/2021. (jjs)

Case 5:17-cv-00950-G Document 112 Filed 07/21/21 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
MARCUS THURMAN,
Plaintiff,
v.
COUNTY COMMISSIONERS OF
OKLAHOMA COUNTY et al.,
Defendants.

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Case No. CIV-17-950-G

ORDER
This matter comes before the Court for review of the Report and Recommendation
(“Report”) (Doc. No. 106) issued on April 29, 2021, by United States Magistrate Judge
Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).

In the Report and

Recommendation, Judge Erwin recommends that the Second Motion for Summary
Judgment (Doc. No. 87) filed by Defendant Detention Center Officer (FNU) Miller be
granted. See Def.’s Mot. Summ. J.; Pl.’s Resp. (Doc. No. 103); Pl.’s Letter (Doc. No. 105).
In the Report and Recommendation, Judge Erwin advised the parties of their right
to object to the Report and Recommendation. Judge Erwin also advised that a failure to
timely object would constitute a waiver of the right to appellate review of the factual
findings and legal conclusions contained in the Report and Recommendation.
Following two extensions of the initial deadline, Plaintiff Marcus Thurman’s
objection to the Report and Recommendation was due July 1, 2021. See Doc. Nos. 108,
111. As of this date, however, Plaintiff has not submitted an objection or filed a request

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for an additional extension of time to do so. Nor has any other party objected to the Report
and Recommendation.
Accordingly, the Report and Recommendation (Doc. No. 106) is ADOPTED in its
entirety. Defendant Miller’s Second Motion for Summary Judgment (Doc. No. 87) is
GRANTED. A separate judgment shall be entered.
IT IS SO ORDERED this 21st day of July, 2021.

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