Williams v. Weaver

United States District Court, Oklahoma Western

Williams v. Weaver

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

JOHN JAMES WILLIAMS, ) ) Plaintiff, ) ) v. ) Case No. CIV-22-304-J ) FNU WEAVER, et al., ) ) Defendants. )

ORDER

This matter was referred for initial proceedings to United States Magistrate Judge Gary M. Purcell consistent with

28 U.S.C. § 636

(b)(1)(B), (C). Currently pending is Judge Purcell’s Report and Recommendation. [Doc. No. 16]. Despite being cautioned that he must file any objection no later than July 28, 2022, see

id. at 7

, Plaintiff did not object and has waived his right to appellate review of the factual and legal issues addressed therein. See Casanova v. Ulibarri,

595 F.3d 1120, 1123

(10th Cir. 2010). Plaintiff alleges generally that his Eighth and Fourteenth Amendment rights to mental health medical care were violated at the Joseph Harp Correctional Center. [Doc. No. 1]. Despite two clear warnings that he would need to amend his complaint to provide a factual basis for his claims, and to clarify each Defendant’s personal participation, see [Doc. Nos. 11, 14], Plaintiff has failed to cure the conclusory nature of his Complaint. Judge Purcell has therefore recommended that the Complaint be dismissed without prejudice for failure to state a valid claim for relief. [Doc. No. 16]. With no objection from Plaintiff, the Court ADOPTS the Report and Recommendation [Doc. No. 16] and DISMISSES the Complaint [Doc. No. 1] without prejudice. IT IS SO ORDERED this 11" day of August, 2022.

BERNARD M. JONES S UNITED STATES DISTRICT JUDGE

Reference

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