Gaines v. Spitner et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION ~ The Court ADOPTS the Report and Recommendation 9 and DISMISSES this case without prejudice based on Plaintiff's failure to comply with the Court's orders. Signed by Judge Bernard M. Jones on 2/5/2024. (dwl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
TREVON D. GAINES,
Plaintiff,
v.
MRS. SPITNER, et al.,
Defendants.

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Case No. CIV-23-1057-J

ORDER
Plaintiff, a prisoner appearing pro se, brings this action pursuant to 42 U.S.C. § 1983. The
matter was referred to United States Magistrate Judge Shon T. Erwin for initial proceedings
consistent with 28 U.S.C. § 636. [Doc. No. 6]. On January 12, 2024, Judge Erwin issued a Report
and Recommendation recommending that this case be dismissed without prejudice for Plaintiff’s
failure to comply with the Court’s orders. [Doc. No. 9]. Plaintiff was advised of his right to object
to the Report and Recommendation by January 29, 2024. No objection has been filed. Plaintiff
has therefore waived any right to appellate review of the factual and legal issues in the Report and
Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 9] and
DISMISSES this case without prejudice based on Plaintiff’s failure to comply with the Court’s
orders.
IT IS SO ORDERED this 5th day of February, 2024.