Phillips v. Officer Tharp et al

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
LADELL PHILLIPS, as Executor of the )
Estate of DAMON HENDERSON, )
)
)
)
)
Plaintiff, )
)
v. ) Case No. CIV-24-053-RAW-JAR
)
OFFICER THARP, et al., )
)
)
)
Defendants. )
ORDER
Before the court is the Report and Recommendation of the United
States Magistrate Judge, in which he recommended that defendant Town
of Spiro’s motion to dismiss plaintiff’s second amended complaint be
granted.
No objection has been filed and the time allotted for doing so has
expired. “In the absence of a timely objection, the district court may
review a magistrate’s report under any standard it deems appropriate.”
Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir.1991). The court
agrees with the reasoning of the Magistrate Judge’s analysis and
recommendation and finds that “there is no clear error on the face of the
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record.” See Rule 72(b) F.R.Cv.P., advisory committee note.
It is the order of the court that the Report and Recommendation
(#50) is affirmed and adopted as the order of the court. The motion of
Town of Spiro (#45) to dismiss plaintiff’s second amended complaint is
granted. Defendant Town of Spiro is dismissed from this action without
prejudice.
In view of the second amended complaint, docket nos. 33, 36, and
40 are deemed moot.
IT IS SO ORDERED this 12th day of FEBRUARY, 2026.
_________________________________
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
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