Woodfork v. Whitten

United States District Court, Oklahoma Western

Woodfork v. Whitten

Trial Court Opinion

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

JAMES J. WOODFORK, ) ) Plaintiff, ) ) vs. ) NO. CIV-20-0942-HE ) SCOTT NUNN, et al., ) ) Defendants. )

ORDER

Plaintiff James J. Woodfork filed this case alleging a violation of his First and Fourteenth Amendment rights. Pursuant to

28 U.S.C. § 636

(b)(1)(B) and (C), the matter was referred to Magistrate Judge Shon T. Erwin for initial proceedings. Judge Erwin has now issued a Report and Recommendation recommending that the case be dismissed and that plaintiff’s motion to stay be denied. The Report advised plaintiff of his right to object to the Report by September 13, 2021. Plaintiff has not objected 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. #40]. Plaintiff’s Motion to Stay is STRICKEN as moot. This case is DISMISSED without prejudice. IT ISSO ORDERED. Dated this 22"4 day of September, 2021. lhe thee. JO ATON STATES DISTRICT JUDGE

Reference

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