McDonald v. Lilly
McDonald v. Lilly
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
ALEXIS MCDONALD, JR., ) ) Plaintiff, ) ) vs. ) NO. CIV-24-0335-HE ) AMANDA LILLY, et al., ) ) Defendants. )
ORDER
Plaintiff Alexia McDonald, Jr., a state pretrial detainee proceeding pro se, brought this action pursuant to
42 U.S.C. § 1983, asserting violations of his constitutional rights. On May 31, 2024, U.S. Magistrate Judge Suzanne Mitchell issued a Report and Recommendation recommending the dismissal of plaintiff’s complaint in its entirety, with leave to amend within twenty-one days of any order adopting the Report and Recommendation. Plaintiff was advised of his right to object to the Report and Recommendation by June 21, 2024. No objection has been filed. Plaintiff has therefore waived his right to appellate review of the factual and legal issues addressed in the report. Cassanova v. Ulibarri,
595 F.3d 1120, 1123(10th Cir. 2010). Accordingly, the court ADOPTS Magistrate Judge Mitchell’s Report and Recommendation [Doc. #10], DISMISSES plaintiff’s complaint in its entirety, and GRANTS plaintiff leave to file an amended complaint. Said amended complaint shall be filed on or before August 10, 2024. IT IS SO ORDERED. Dated this 16th day of July, 2024. 4] — ALLIU AA i JO XTON ~D STATES DISTRICT JUDGE
Reference
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