Case v. Department of Corrections et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CODY CASE,
Plaintiff,
v.
DIRECTOR OF ODOC, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
Case No. CIV-25-721-D
ORDER
Plaintiff, appearing pro se, brought this civil rights action under 42 U.S.C. § 1983,
alleging violations of Plaintiff’s constitutional rights [Doc. No. 1]. The matter was referred
to United States Magistrate Judge Shon T. Erwin for initial proceedings in accordance with
28 U.S.C. § 636(b)(1)(B)-(C) [Doc. No. 4]. Plaintiff filed an Application for Leave to
Proceed in Forma Pauperis and supporting affidavit [Doc. No. 2], which the Court granted
[Doc. No. 5].
On August 	22, 	2025, 	Judge 	Erwin 	issued 	a 	Report 	and 	Recommendation
recommending the Court dismiss the case for failure to state a claim upon which relief may
be granted [Doc. No. 9]. Plaintiff filed objections to the Report and Recommendation,
acknowledging that his initial complaint failed to state a claim upon which relief may be
granted and attaching an amended complaint [Doc. No. 12]. The Court declined to adopt
Judge Erwin’s Report and Recommendation and granted Plaintiff leave to file his amended
complaint [Doc. No. 13]. The case was re-referred to Judge Erwin for further proceedings
consistent with the initial case referral. Id.
Case 5:25-cv-00721-D Document 23 Filed 01/14/26 Page 1 of 2

2
Plaintiff filed his Pro Se Prisoner Proposed Amended Civil Rights Complaint on
October 8, 2025 [Doc. No. 16]. On October 24, 2025, Judge Erwin issued the present
Report and Recommendation [Doc. No. 17], in which he recommends the Court dismiss
Plaintiff’s amended complaint for failure to state a claim upon which relief may be granted.
In his report, Judge Erwin notified Plaintiff of his right to file objections to the Report and
Recommendation on or before November 10, 2025, and that failure to object waives
Plaintiff’s right to appellate review of both factual and legal issues contained in the report.
See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
On November 7, 2025, Plaintiff filed Petitioners Motion for Extension of Time to
File Objection to Report and Recommendation [Doc. No. 18], which the Court granted
[Doc. No. 19]. On December 1, 2025, Plaintiff filed his second Petitioners Motion for
Extension of Time to File Objection to Report and Recommendation [Doc. No. 20], which
the Court granted [Doc. No. 21]. Plaintiff failed to file any objections to the Report and
Recommendation.
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. 17] in its entirety.
IT IS THEREFORE ORDERED that Plaintiff’s Pro Se Prisoner Proposed
Amended Civil Rights Complaint [Doc. No. 16] is DISMISSED without prejudice.
IT IS SO ORDERED this 14th day of January, 2026.
TIMOTHY b . DeGIUSTI
Chief United States District Judge
Case 5:25-cv-00721-D Document 23 Filed 01/14/26 Page 2 of 2