Moore v. Jay et al

Filing 92

ORDER ADOPTING REPORT AND RECOMMENDATION The Court ACCEPTS and ADOPTS the Report and Recommendation Doc. No. 91 in its entirety for the reasons stated in the Report and Recommendation and the Court DENIES Mr. Moores Motion to Reopen Case and Motion for Order to Stop Payment of Settlement Check Doc. Nos. 86 and 87 . Signed by Honorable Jodi W. Dishman on 12/31/2020. (em)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ALEX MOORE,

)
)
Plaintiff,
)
)
v.
)
)
SCOTT JAY, Sheriff and all Appointees )
Concern, individually, and DIANE
)
BILBO, Captain and all Appointees
)
Concern, individually,
)
)
Defendants.
)

Case No. CIV-17-01167-JD

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is United States Magistrate Judge Suzanne Mitchell’s Report and
Recommendation [Doc. No. 91] filed on December 1, 2020. Judge Mitchell recommends
that the Court deny Plaintiff Alex Moore’s Motion to Reopen Case [Doc. No. 86] and
Motion for Order to Stop Payment of Settlement Check [Doc. No. 87].
Judge Mitchell advised Mr. Moore of his right to file an objection to the Report
and Recommendation with the Clerk of Court by December 22, 2020, and that failure to
timely object to the Report and Recommendation waives the right to appellate review of
both factual and legal issues in the Report. [Doc. No. 91 at 8–9]. See Duffield v. Jackson,
545 F.3d 1234, 1237 (10th Cir. 2008); see also 28 U.S.C. § 636(b)(1) (“A judge of the
court shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.”) (emphasis added);
Fed. R. Civ. P. 72(b)(3) (same). “In the absence of timely objection, the district court
may review a magistrate[] [judge’s] report under any standard it deems appropriate.”

Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S.
140, 150, 154 (1985)). Mr. Moore did not file an objection to the Report and
Recommendation by the deadline, nor did he request an extension of time to do so.
Upon its review of the parties’ submissions and exhibits attached thereto [Doc.
Nos. 86, 87, 89, and 90] and the Report and Recommendation [Doc. No. 91], the Court
ACCEPTS and ADOPTS the Report and Recommendation [Doc. No. 91] in its entirety
for the reasons stated in the Report and Recommendation. Accordingly, for the reasons in
the Report and Recommendation [Doc. No. 91], the Court DENIES Mr. Moore’s Motion
to Reopen Case and Motion for Order to Stop Payment of Settlement Check [Doc. Nos.
86 and 87].
IT IS SO ORDERED this 31st day of December 2020.

2