Deloray C. Christian v. Kevin Stitt, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation and dismissed Plaintiff Deloray C. Christian’s complaint. The court dismissed with prejudice claims for damages against individual defendants in their official capacities, claims against the Oklahoma Department of Corrections, and untimely claims against Wendell Miles and Mike McDougal, while dismissing the remaining claims without prejudice for failure to state a claim.

Holdings

1. A party's failure to make a timely and specific objection to a magistrate judge's findings and recommendations waives appellate review of factual and legal issues, subject to recognized exceptions.
2. Neither exception to the firm-waiver rule applied because Plaintiff was informed of the objection period and consequences, and the interests of justice did not require review.
3. The Report and Recommendation was adopted in full: claims for damages against individual defendants in their official capacities and all claims against the Oklahoma Department of Corrections were dismissed with prejudice; claims against Wendell Miles and Mike McDougal and related supervisory-liability claims were dismissed with prejudice as untimely; and the remaining claims were dismissed without prejudice for failure to state a claim.

Questions Presented

1. Whether Plaintiff's failure to file timely and specific objections to the magistrate judge's Report and Recommendation waived appellate and de novo review.
2. Whether the interests of justice or another exception required the district court to review the unobjected-to Report and Recommendation.
3. Whether the Report and Recommendation should be adopted and the complaint dismissed with prejudice in part and without prejudice in part.

Disposition

dismissed