Terry Dewayne Tabor v. Beckham County Detention Center, et al.

Summary

The United States District Court for the Western District of Oklahoma adopts the magistrate judge’s Report and Recommendation and dismisses Terry Dewayne Tabor’s civil rights complaint without prejudice. The dismissal is based on Tabor’s failure to comply with court rules and timely pay the required initial partial filing fee, and his failure to object to the Report and Recommendation waives appellate review of the issues addressed therein.

Holdings

1. A party who fails to timely object to a magistrate judge's Report and Recommendation waives appellate review of the factual and legal issues addressed in the recommendation.
2. The court adopted the Report and Recommendation in full and dismissed Plaintiff's Complaint without prejudice for failure to comply with court rules and timely pay the required $2.01 initial partial filing fee.

Questions Presented

1. Whether Plaintiff's failure to timely object to the magistrate judge's Report and Recommendation waived appellate review.
2. Whether the court should adopt the Report and Recommendation and dismiss the civil-rights Complaint without prejudice for failure to comply with court rules and pay the required initial partial filing fee.

Disposition

dismissed