Marshall v. Comanche County Detention Center

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 7 of Magistrate Judge Bernard Jones...plaintiff's claims are dismissed. Signed by Honorable Joe Heaton on 5/7/2018. (Attachments: # 1 Attachment 1 - Report and Recommendation)(cla)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JASON GLENN MARSHALL, ) ) ) ) ) ) ) ) ) Plaintiff, vs. COMANCHE COUNTY DETENTION CENTER, Defendant NO. CIV-18-0129-HE ORDER Plaintiff Jason Marshall filed this action against the Comanche County Detention Center. The matter was referred to U.S. Magistrate Judge Bernard Jones for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B)-(C). Judge Jones recommends dismissal without prejudice of all claims, as plaintiff has failed to cure the deficiencies in his application to proceed in forma pauperis. The parties were advised of their right to file an objection to the Report and Recommendation by April 30, 2018. No objections have been filed. The parties therefore waive any right to appellate review of the factual and legal issues raised in the Report and Recommendation. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059–60 (10th Cir. 1996); see 28 U.S.C. § 636(b)(1)(C). The court ADOPTS the Report and Recommendation [Doc. #7], a copy of which is attached to this order. Plaintiff’s claims are DISMISSED. IT IS SO ORDERED. Dated this 7th day of May, 2018. 2

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