Cody Case v. Director of ODOC, et al.

Summary

The United States District Court for the Western District of Oklahoma adopts a magistrate judge’s Report and Recommendation and dismisses without prejudice a pro se prisoner’s amended 42 U.S.C. § 1983 complaint for failure to state a claim. The dismissal follows the plaintiff’s failure to file timely objections despite receiving extensions of time.

Holdings

1. The district court adopted the Report and Recommendation in its entirety after reviewing the file and noting that Plaintiff had filed no timely objections.
2. The amended complaint was dismissed for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation recommending dismissal of the amended § 1983 complaint for failure to state a claim.
2. Whether the amended complaint should be dismissed without prejudice.

Disposition

dismissed