Randle-Giles v. Comanche County Jail

United States District Court, Oklahoma Western

Randle-Giles v. Comanche County Jail

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

EDGAR ROYCE RANDLE-GILES, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-553-J ) COMANCHE COUNTY JAIL, et al., ) ) Defendants. )

ORDER

Plaintiff, appearing pro se, filed a Complaint under

42 U.S.C. § 1983

against the Comanche County Jail and the Lexington Assessment and Reception Center. [Doc. No. 1]. The matter was referred for initial proceedings to United States Magistrate Judge Shon T. Erwin consistent with

28 U.S.C. § 636

(b)(1)(B), (C). Judge Erwin granted Plaintiff’s motion to proceed in forma pauperis and ordered Plaintiff to make a $29.60 initial filing fee payment no later than June 27, 2024. [Doc. No. 6]. Plaintiff was cautioned that failure to make the payment would likely result in dismissal. See

id.

Plaintiff did not make the payment or otherwise communicate with the Court and on July 17, 2024, Judge Erwin issued a Report and Recommendation recommending dismissal without prejudice. [Doc. No. 7]. Plaintiff did not object by the August 5, 2024 deadline and has waived his right to appellate review of the factual and legal issues addressed in the Report and Recommendation. See Casanova v. Ulibarri,

595 F.3d 1120, 1123

(10th Cir. 2010). Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 7] and DISMISSESS the action without prejudice. A separate judgment will enter. IT IS SO ORDERED this 14" day of August, 2024.

BERNARD M. JONES : UNITED STATES DISTRICT JUDGE

Reference

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