Tamez v. Gonzalez et al

Filing 34

ORDER ADOPTING 32 Report and Recommendation in its entirety. This action is DISMISSED without prejudice. Signed by Judge Charles Goodwin on 03/27/2024. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DARRYL TAMEZ,
Plaintiff,
v.
ABEL GONZALEZ, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-22-540-G

ORDER
On June 27, 2022, Plaintiff Darryl Tamez, a state inmate, filed this federal civil
rights action. See Compl. (Doc. No. 1). In accordance with 28 U.S.C. § 636(b)(1), the
matter was referred to Magistrate Judge Suzanne Mitchell.
On November 11, 2023, Judge Mitchell issued a Report and Recommendation (Doc.
No. 32), in which she recommended this action be dismissed based upon Plaintiff’s failure
to comply with the Court’s orders. In the Report and Recommendation, Judge Mitchell
advised Plaintiff of his right to object to the Report and Recommendation by November
22, 2023. Judge Mitchell also advised that a failure to timely object would constitute a
waiver of the right to appellate review of the factual findings and legal conclusions
contained in the Report and Recommendation.
As of this date, Plaintiff has not submitted any objection to the Report and
Recommendation or sought leave for additional time to do so.1

The Court’s mailings to Plaintiff at his last known address have been returned as
undeliverable. It is Plaintiff’s responsibility to keep the Court apprised of his current
contact information. See LCvR 5.4.
1

CONCLUSION
Accordingly, the Report and Recommendation (Doc. No. 32) is ADOPTED in its
entirety. This action is DISMISSED without prejudice. A separate judgment shall be
entered.
IT IS SO ORDERED this 27th day of March, 2024.

2