Griffin v. Grady County Jail Staff

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

DONTE E. GRIFFIN, ) ) Plaintiff, ) ) v. ) Case No. CIV-20-1254-J ) SGT. FITZCHILD, et. al., ) ) Defendants. )

ORDER

This matter was referred for initial proceedings to United States Magistrate Judge Gary M. Purcell consistent with 28 U.S.C. § 636(b)(1)(B), (C). Currently pending is Judge Purcell’s Third Supplemental Report and Recommendation. [Doc. No. 74]. Despite being cautioned that he must file any objection no later than July 18, 2022, see id. at 4-5, Plaintiff did not object and has waived his right to appellate review of the factual and legal issues addressed therein. See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Plaintiff alleges that he was the victim of excessive force and subsequent denial of medical care and he initially named Chad Fitzchild as a defendant. [Doc. No. 46]. However, Plaintiff later clarified that he had intended to sue Charles Fritschow instead of Chad Fitzchild. [Doc. No. 62]. Judge Purcell has instructed Plaintiff as to how to properly name Mr. Fritschow and recommends that Mr. Fitzchild be dismissed for lack of personal participation. [Doc. No. 74 at 3-4]. With no objection from Plaintiff, the Court ADOPTS the Third Supplemental Report and Recommendation [Doc. No. 74] and DISMISSES Defendant Chad Fitzchild without prejudice. The matter continues to be REFERRED to Judge Purcell. IT IS SO ORDERED this 3 day of August, 2022.

BERNARD M. JONES S UNITED STATES DISTRICT JUDGE