Smith v. Lawton Correctional Facility et al

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATION, GEO Corp, Mark Knutson (Director's Designee), Lawton Correctional Facility (Grievance Reviewing Authority), Oklahoma Department of Corrections (Administrative Review Authority), Joe Allbaugh (D irector) and Mary Fallin terminated., ORDER recommitting to Magistrate Judge Jones under the original order of referral. Mailed to Bobby Joe Smith, II #448454 LAWTON-LCF 8607 SE Flower Mound Rd Lawton, OK 73501. Signed by Honorable Robin J. Cauthron on 03/20/18. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BOBBY JOE SMITH, II,

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Plaintiff,
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vs.
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LAWTON CORRECTIONAL FACILITY, )
Grievance Reviewing Authority, et al.,
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Defendants.
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No. CIV-18-110-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Bernard M. Jones, consistent with the provisions of 28
U.S.C. § 636(b)(1)(B). Judge Jones entered a Report and Recommendation on March 7,
2018, to which Plaintiff has timely objected. The Court therefore considers the matter de
novo.
It is not clear whether Plaintiff has any objection to the findings and conclusions of
Judge Jones, or is simply trying to condition his acquiescence to them on a change in prison
policy and federal law. But in any event, he raises no argument of fact or law requiring
or permitting a different result.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge, and for the reasons announced therein, Ground Two (due process in
regard to the grievance process) is dismissed with prejudice; the complaint is dismissed
with prejudice as to Defendants LCF Grievance Review Authority, DOC Administrative
Review Authority, and Defendants Caldwell and Hulderman in their official capacities;

and the complaint is dismissed without prejudice as to Defendants Mary Fallin, Joe
Allbaugh, and Mark Knutson in their official and individual capacities, and Defendant
GEO Corp. This matter is recommitted to Judge Jones under the original order of referral.
IT IS SO ORDERED this 20th day of March, 2018.