Bountwell v. Oklahoma County Board of Commissioners

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA MATTHEW O. BOUNTWELL, ) Plaintiff, Vv. Case No. CIV-22-539-J OKLAHOMA COUNTY BOARD OF COMMISSIONERS, et al., ) Defendants. ORDER Plaintiff, while incarnated, filed an Amended Complaint pursuant to 42 U.S.C. § 1983. [Doc. No. 6]. The matter was referred to United States Magistrate Judge Suzanne Mitchell for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). Judge Mitchell granted Plaintiff's motion for leave to proceed in forma pauperis but after Plaintiff's release from custody, she ordered him to submit a new in forma pauperis application detailing his financial status. [Doc. No. 13]. Plaintiff failed to do so, and Judge Mitchell issued a Report and Recommendation recommending the action be dismissed without prejudice. [Doc. No. 14]. Plaintiff did not object and has waived any right to appellate review of the factual and legal issues in the Report and Recommendation. See Nelson v. United States, 40 F.4th 1105, 1109 (10th Cir. 2022). Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 14] and DISMISSES Plaintiff's Amended Complaint [Doc. No. 6] without prejudice. IT IS SO ORDERED this 15" day of November, 2022.

CU 2 mM. BERNARD M. JONES UNITED STATES DISTRICT JUDGE