Hill v. Oklahoma County Criminal Justice Authority

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

DALTON GAGE HILL, ) Administrator and Personal ) Representative of the Estate of ) Jeffery Allen Hill, deceased, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1298-D ) OKLAHOMA COUNTY CRIMINAL ) JUSTICE AUTHORITY, et al., ) ) Defendants. )

ORDER

Plaintiff brought this civil rights action under 42 U.S.C. § 1983, alleging violations of Jeffery Allen Hill’s constitutional rights [Am. Compl, Doc. No. 53]. Plaintiff filed suit against several defendants, to include the Oklahoma Department of Corrections (ODOC) and Steven Harpe, in his official capacity. ODOC and Mr. Harpe filed a Motion to Dismiss [Doc. No. 62], to which Plaintiff responded [Doc. No. 90], and ODOC and Mr. Harpe replied [Doc. No. 99]. The matter was referred to United States Magistrate Judge Suzanne Mitchell for initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and (C). On June 20, 2025, the magistrate judge issued a Report and Recommendation [Doc. No. 110], in which she recommends that the Motion to Dismiss [Doc. No. 62] be GRANTED. In her report, the magistrate judge notified Plaintiff of his right to file an objection to the report on or before July 4, 2025, and that the failure to object waives Plaintiff’s right to appellate review of both factual and legal issues contained in the report. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). Upon review of the file and noting no timely objection to the findings and recommendations of the magistrate judge, the Court ADOPTS the Report and Recommendation [Doc. No. 110] in its entirety. For the reasons stated therein, ODOC and Steven Harpe’s Motion to Dismiss [Doc. No. 62] is GRANTED. IT [IS THEREFORE ORDERED that Plaintiff’s action against ODOC and Steven Harpe is DISMISSED without prejudice. IT IS SO ORDERED this 8" day of July, 2025.

Aly 0.O,Pit TIMOTHY D. DeGIUSTI Chief United States District Judge