Anita Sue Gonzalez v. Oklahoma County Criminal Justice Authority, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation concerning Defendant Turn Key Health Clinics’ motion to dismiss. The court found that Plaintiff stated an Eighth Amendment claim but dismissed without prejudice her state-law negligence claim against Turn Key, concluding that amendment would be futile.

Holdings

1. When neither party timely objects to a magistrate judge's Report and Recommendation, the district court may review the recommendation for plain error on the face of the record.
2. Turn Key's motion to dismiss Plaintiff's state-law negligence claim was granted, and the claim was dismissed without prejudice.
3. The motion to dismiss was denied in part as to Plaintiff's federal claim because Plaintiff stated a valid Eighth Amendment claim against Turn Key for deliberate indifference to serious medical needs and unconstitutional conditions of confinement.

Questions Presented

1. What standard of review applies when the parties do not timely object to a magistrate judge's Report and Recommendation?
2. Whether Turn Key's motion to dismiss Plaintiff's state-law negligence claim should be granted.
3. Whether dismissal of the state negligence claim should be without prejudice where Plaintiff had not previously attempted to amend the complaint.

Disposition

other