STEELE v. STATE

Case No. CIV-17-186-D.

MICHAEL STEELE, Plaintiff, v. STATE OF OKLAHOMA, et al., Defendants.

United States District Court, W.D. Oklahoma.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Michael Eugene Steele, Plaintiff, Pro Se.


ORDER

TIMOTHY D. DeGIUSTI, District Judge.

This matter is before the Court for review of the Report and Recommendation of United States Magistrate Judge Gary M. Purcell issued pursuant to 28 U.S.C. § 636(b)(1). Upon initial review of Plaintiff's civil rights complaint concerning his confinement in the Cleveland County Detention Center, Judge Purcell recommends dismissing the action without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). Judge Purcell also provides notice that the dismissal may constitute a "prior occasion" or strike pursuant to 28 U.S.C. § 1915(g).

Plaintiff, who appears pro se and in forma pauperis, has neither filed a timely objection to the Report nor requested additional time to object, although he was expressly advised of the right to object, the deadline for objections, and the consequences of failing to object. The Court therefore finds Plaintiff has waived further review. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East 30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996). Further, upon de novo consideration of the issues, the Court finds Judge Purcell's analysis is correct. The Court thus concurs in the recommendation for dismissal without prejudice.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 7] is ADOPTED. Plaintiff's action is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). The dismissal shall count as a "prior occasion" or strike pursuant to 28 U.S.C. § 1915(g) after Plaintiff has exhausted or waived his right to appeal.

A separate judgment shall be entered accordingly.

IT IS SO ORDERED.


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