Faulkner v. McCurdy et al
ORDER granting 23 Motion to Dismiss; adopting Report and Recommendations re 30 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 7/14/2021. (mb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
Case No. CIV-19-1173-D
Plaintiff Kent Faulkner, a state prisoner, brought this civil rights action under 42
U.S.C. § 1983 against Defendants Joel McCurdy, Mike McDougal, Scott Crow, and Terri
Sample. 1 The matter was referred to United States Magistrate Judge Gary M. Purcell for
initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and (C).
On January 26, 2021, the magistrate judge issued a Supplemental Report and
Recommendation, where he recommended Defendant Scott Crow’s Motion to Dismiss
[Doc. No. 23], as converted to a motion for summary judgment, be granted. See Supp. Rep.
and Rec. [Doc. No. 30].
Plaintiff timely filed an Objection. [Doc. No. 34]. In his Objection, Plaintiff presents
no persuasive argument or authority that would cause this Court to reject the magistrate
judge’s conclusions. To the extent Plaintiff attempts to introduce new arguments in his
Plaintiff sued Defendant McCurdy in his individual and official capacities. Plaintiff
voluntarily dismissed his claims against McCurdy on June 15, 2021. Plaintiff sued
Defendant McDougal in his individual and official capacities.
objection, the Court notes that “[i]ssues raised for the first time in objections to the
magistrate judge’s recommendation are deemed waived.” Marshall v. Chater, 75 F.3d
1421, 1426 (10th Cir. 1996).
The Court has reviewed the entirety of the Report and Recommendation, as well as
the case record, and fully concurs in the Report and Recommendation. Therefore, the
Court, having conducted a de novo review, finds that Plaintiff’s Objection should be
overruled, and hereby ADOPTS the Supplemental Report and Recommendation [Doc. No.
30] in its entirety.
IT IS THEREFORE ORDERED that Defendant Scott Crow’s Motion to Dismiss
[Doc. No. 23] is GRANTED. A separate judgment shall be entered accordingly.
IT IS SO ORDERED this 14th day of July, 2021.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
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