Hendricks v. Drake et al
ORDER adopting Report and Recommendations re 11 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 12/1/2017. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANDREW LEE HENDRICKS, II,
LEVIE DRAKE, et al.,
Case No. CIV-17-970-D
This matter is before the Court for review of the Report and Recommendation issued
by United States Magistrate Judge Bernard M. Jones pursuant to 28 U.S.C. § 636(b)(1)(B)
and (C) on November 3, 2017. Upon initial screening of the Complaint pursuant to 28
U.S.C. § 1915A, Judge Jones recommends that the case proceed only on Plaintiff’s claim
under 42 U.S.C. § 1983 against Defendant Lt. White and that the action against Defendants
Levie Drake and F. DeWayne Beggs Detention Center1 be dismissed for failure to state a
claim upon which relief can be granted.
Plaintiff has not filed a timely objection nor requested additional time to object.
He was expressly advised of the right to object, the deadline and procedure for filing an
objection, and the consequences of failing to object. Thus, the Court finds that Plaintiff
has waived further review of the issues addressed in Judge Jones’ Report. See Moore v.
Judge Jones has corrected a misspelling in the Complaint.
United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East 30th
Street, 73 F.3d 1057, 1060 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc.
No. 11] is ADOPTED.
The action against Defendants Levie Drake and F. DeWayne
Beggs Detention Center is DISMISSED without prejudice pursuant to 28 U.S.C.
§ 1915A(b)(1). This case remains under referral to Judge Jones for further proceedings.
IT IS SO ORDERED this 1st day of December, 2017.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?