Hodge v. Hamilton et al

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DANNY HODGE, JR.,
Plaintiff,
-vs-
CASEY HAMILTON, et al.,
Defendants.
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) 	NO. CIV-24-0823-HE
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ORDER
On January 22, 2026, United States Magistrate Judge Chris M. Stephens issued a
Report and Recommendation, recommending the court dismiss this action without
prejudice for plaintiff’s failure to serve the remaining defendants.
Magistrate Judge Stephens advised plaintiff of the right to object to the Report and
Recommendation as well as the consequences for failure to timely object. Any objection
was due not later than February 11, 2026. To date, no objection has been filed. Plaintiff
therefore has waived the right to appellate view of the factual and legal issues addressed in
the Report and Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10th Cir.
1991).
Accordingly, 	the 	Report 	and 	Recommendation 	[Doc. 	#26] 	is 	ADOPTED.
Plaintiff’s remaining Eighth Amendment claim for failure to protect against Deputy
Warden Bo Reynolds, Lieutenant Williamson, Corrections Officer Clark, and Case
Manager Cox seeking money damages in their individual capacities and prospective
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injunctive relief in their official capacities is DISMISSED WITHOUT PREJUDICE for
failure to serve the defendants.
A separate judgment will be entered.
IT IS SO ORDERED.
Dated this 23rd day of February, 2026.
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