Mosley v. United States

United States District Court, Oklahoma Western

Mosley v. United States

Trial Court Opinion

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

ISAAC D. MOSLEY, ) ) Plaintiff, ) ) -vs- ) Case No. CIV-22-321-F ) ) UNITED STATES, et al., )

) Defendants. )

ORDER United States Magistrate Judge Gary M. Purcell issued a Report and Recommendation on May 13, 2022, recommending the court dismiss without prejudice plaintiff’s action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

403 U.S. 388

(1971), pursuant to

28 U.S.C. § 1915

(e)(2)(B) and § 1915A(b), for failure to state a claim upon which relief can be granted. Magistrate Judge Purcell advised plaintiff of the right to file an objection to the Report and Recommendation by June 2, 2022, and specifically advised plaintiff that failure to timely object to the Report and Recommendation would waive appellate review of the recommended ruling. To date, no objection has been filed, and no request for an extension of time to file an objection has been filed. With no objection being filed, the court accepts, adopts, and affirms the Report and Recommendation. Accordingly, the Report and Recommendation (doc. no. 6) issued by United States Magistrate Judge Gary M. Purcell on May 13, 2022 is ACCEPTED, ADOPTED, and AFFIRMED. Plaintiff Isaac D. Mosley’s action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

403 U.S. 388

(1971), is DISMISSED WITHOUT PREJUDICE pursuant to

28 U.S.C. § 1915

(e)(2)(B) and § 1915A(b), for failure to state a claim upon which relief can be granted. A separate judgment shall issue. IT IS SO ORDERED this 16" day of June, 2022.

STEPHEN P. FRIOT UNITED STATES DISTRICT JUDGE

1p001.docx

Reference

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