Evans v. Grady County Jail et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 12 of Magistrate Judge Amanda Maxfield Green the petition is dismissed without prejudice and the motion 9 for summary judgment is moot. Signed by Judge Joe Heaton on 08/29/2024. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RAYMOND EVANS,
Petitioner,
vs.
GRADY COUNTY JAIL, et al.,
Respondents.

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NO. CIV-24-0321-HE

ORDER
Petitioner Raymond Evans, appearing pro se, seeks a writ of habeas corpus pursuant
to 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 636(b)(1)(B),(C), the matter was referred to
U.S. Magistrate Judge Amanda Maxfield Green for initial proceedings. On August 5,
2024, Judge Green issued a Report and Recommendation recommending the dismissal of
petitioner’s petition without prejudice and the denial of petitioner’s motion for summary
judgment as moot. Petititioner was advised of his right to object to the Report and
Recommendation by August 26, 2024. No objection has been filed. Petitioner has
therefore waived his right to appellate review of the factual and legal issues addressed in
the report. Cassanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
Accordingly, the court ADOPTS Magistrate Judge Green’s Report and
Recommendation [Doc. #12], DISMISSES plaintiff’s petition without prejudice, and
DENIES petitioner’s motion for summary judgment [Doc. #9] as moot.

IT IS SO ORDERED.
Dated this 29th day of August, 2024.

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