Hall v. Muskogee Police Department

United States District Court, Oklahoma Eastern

Hall v. Muskogee Police Department

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

CHRISTOPHER JESSIE HALL, ) ) Plaintiff, ) ) -vs- ) Case No. CIV-19-874-F ) MUSKOGEE CITY POLICE ) DEPARTMENT, et al., ) ) Defendants. )

ORDER After conducting the requisite screening of plaintiff’s pro se complaint, United States Magistrate Judge Gary M. Purcell issued a Report and Recommendation, recommending that plaintiff’s

42 U.S.C. § 1983

action be transferred to the United States District Court for the Eastern District of Oklahoma. Magistrate Judge Purcell advised plaintiff of his right to file an objection to the Report and Recommendation by October 10, 2019 and further advised that failure to timely object would waive appellate review of the recommended ruling. To date, plaintiff has neither filed an objection to the Report and Recommendation nor sought an extension of time to file one. With no objection to the Report and Recommendation being filed, the court finds that plaintiff has waived his right to appellate review of the recommended ruling. Vega v. Suthers,

195 F.3d 573, 579

(10th Cir. 1999); United States v. One Parcel of Real Property,

73 F.3d 1057, 1059, 1061

(10th Cir. 1996). Accordingly, the court ACCEPTS, ADOPTS and AFFIRMS the Report and Recommendation (doc. no. 5) issued by United States Magistrate Judge Gary M. Purcell on September 20, 2019. This action is hereby TRANSFERRED to the United States District Court for the Eastern District of Oklahoma pursuant to

28 U.S.C. § 1406

(a). IT IS SO ORDERED this 24" day of October, 2019.

UNITED STATES DISTRICT JUDGE

19-0874p001.docx

Reference

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