Lopez v. Kusick

United States District Court, Oklahoma Western

Lopez v. Kusick

Trial Court Opinion

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

BENJAMIN P. LOPEZ, ) ) Plaintiff, ) ) v. ) Case No. CIV-19-1025-SLP ) FNU KUSICK, et al., ) ) Defendants. )

O R D E R

Before the Court is the Report and Recommendation of United States Magistrate Judge Shon T. Erwin entered July 27, 2020 [Doc. No. 29]. No objection to the Report and Recommendation has been filed nor has an extension of time in which to object been sought or granted1. 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

(10th Cir. 1991); see also United States v. 2121 E. 30th St.,

73 F.3d 1057, 1060

(10th Cir. 1996). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED in its entirety and Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE.

1 The case file reflects that the Clerk’s mailing of a copy of the Report and Recommendation to Plaintiff was returned as undeliverable. However, it is Plaintiff’s obligation to provide written notice of a change of address. See LCvR 5.4(a) (“Papers sent by the court will be 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 a change of address or address correction waived review by failing to make a timely objection). IT IS SO ORDERED this 18" day of August, 2020.

SCOTT L. PALK UNITED STATES DISTRICT JUDGE

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