Rich v. Heniki
Rich v. Heniki
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
BRANDON LYNN RICH, ) ) Plaintiff, ) ) vs. ) NO. CIV-20-0862-HE ) FNU HENIKI, et al., ) ) Defendants. )
ORDER Plaintiff Brandon Lynn Rich, a prisoner appearing pro se, filed this § 1983 action alleging various constitutional violations against various jail employees. Pursuant to
28 U.S.C. § 636(b)(1)(B) & (C), the matter was referred to Magistrate Judge Shon T. Erwin for initial proceedings. In granting plaintiff’s motion to proceed in forma pauperis, Judge Erwin order plaintiff to make an initial filing fee payment by September 14, 2020. Plaintiff failed to make the initial payment. Judge Erwin has issued a Report and Recommendation recommending that this action be dismissed. The Report advised plaintiff of his right to object to the Report by October 15, 2020. Plaintiff has failed to object to the Report thereby waiving his right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri,
595 F.3d 1120, 1123(10th Cir. 2010). Accordingly, the court ADOPTS the Report and Recommendation [Doc. # 8]. Plaintiff’s claims are DISMISSED without prejudice. IT IS SO ORDERED. Dated this 23" day of October, 2020. lhl thy, JO ATON Y STATES DISTRICT JUDGE
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