Walton v. McBride et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION 24 of Magistrate Judge Suzanne Mitchell...accordingly, the court adopts the report and recommendation and plaintiff's claims are dismissed without prejudice. Signed by Honorable Joe Heaton on 10/16/2019. (lam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA EDWARD JOE WALTON, ) ) ) ) ) ) ) ) ) Plaintiff, vs. KARRIE JEAN McBRIDE, et al., Defendants. NO. CIV-19-0348-HE ORDER Plaintiff Edward Joe Walton, a state prisoner appearing pro se, filed this § 1983 action alleging his rights were violated during state during state court proceedings. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Suzanne Mitchell for initial proceedings. After conducting an initial review of the complaint pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2)(B), Judge Mitchell has issued a Report and Recommendation recommending that this action be dismissed. Plaintiff has failed to object to the Report thereby waiving his right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #24]. Plaintiff’s claims are DISMISSED without prejudice. IT IS SO ORDERED. Dated this 16th day of October, 2019.

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