Fonseca v. Oklahoma County Detention Center
ORDER adopting Report and Recommendations re 12 Report and Recommendation. This matter is DISMISSED WITHOUT PREJUDICE. Signed by Judge Scott L. Palk on 9/16/22. (ms)
Case 5:22-cv-00588-SLP Document 13 Filed 09/16/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOSE TOMAS FONSECA,
OKLAHOMA COUNTY DETENTION
Case No. CIV-22-588-SLP
Before the Court is the Report and Recommendation [Doc. No. 12] of United States
Magistrate Judge Gary M. Purcell entered August 17, 2022. No objection to the Report
and Recommendation has been filed nor has an extension of time in which to object been
sought or granted.1 Therefore, the Court finds that Plaintiff has waived further review of
all issues addressed in the Report and Recommendation. See Moore v. United States, 950
F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 E. 30th St., 73 F.3d 1057,
1060 (10th Cir. 1996).
The Court’s docket reflects that Plaintiff’s mail has been returned as undeliverable. See [Doc.
Nos. 10-11]. Plaintiff is responsible for providing notice of any change of address to the Court.
See LCvR 5.4 (requiring written notice of a change of address and further providing that papers
sent by the Court are “deemed delivered if sent to the last known address given to the court.”); see
also Theede v. United States Dep’t of Labor, 172 F.3d 1262, 1267-68 (10th Cir. 1999) (pro se
plaintiff who failed to provide any change of address waived right to review of report and
recommendation by failing to make a timely objection).
Case 5:22-cv-00588-SLP Document 13 Filed 09/16/22 Page 2 of 2
Accordingly, the Report and Recommendation of the Magistrate Judge is
ADOPTED in its entirety. This matter is DISMISSED WITHOUT PREJUDICE due to
Plaintiff’s failure to prosecute this matter and comply with the Court’s Orders.
IT IS SO ORDERED this 16th day of September, 2022.
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