5:25-cv-01290•Littleton v. Canadian County et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA JON-MICHAEL LITTLETON, ) ) Plaintiff, ) ) v. ) Case No. CIV-25-1290-J ) CANADIAN COUNTY, OKLAHOMA, et al., ) ) Defendants. ) ORDER This matter was referred for initial proceedings to United States Magistrate Judge Shon T. Erwin consistent with 28 U.S.C. § 636(b)(1)(B),(C). [Doc. No. 3]. On March 10, 2026, Judge Erwin issued a Report and Recommendation recommending that the Court should: (1) conclude that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim against only Defendant Burton based on the allegations set forth in Count One; (2) dismiss Count Two, without prejudice; (3) conclude that Plaintiff has stated a Fourteenth Amendment Due Process claim against Defendants Burton and Wagner based on the allegations set forth in Count Three; (4) conclude that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim against Defendants Burton, Carter, and Wagner based on the allegations set forth in Count Four; (5) conclude that Plaintiff has stated a Fourteenth Amendment claim for deliberate indifference to his serious medical needs against Defendant Wagner based on the allegations in Count Five; (6) dismiss Count Six, without prejudice; (7) conclude that Plaintiff has stated a First Amendment claim only against Defendant Powers based on the allegations set forth in Count Seven; (8) dismiss Counts Eight and Nine, without prejudice; and (9) dismiss Defendants West, Ward, and Canadian County, Oklahoma, without prejudice. Plaintiff was advised of his right to object to the Report Case 5:25-cv-01290-J Document 24 Filed 03/26/26 Page 1 of 2
2 and Recommendation by March 27, 2026. On March 11, 2026, Plaintiff filed an objection to the Report and Recommendation. [Doc. No. 23]. Having reviewed the Report and Recommendation and Plaintiff’s objection, noting that any dismissal of Plaintiff’s claims and/or defendants is without prejudice, and in light of the Court’s request for counsel,1 the Court ADOPTS the Report and Recommendation [Doc. No. 22]; CONCLUDES that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim against only Defendant Burton based on the allegations set forth in Count One; DISMISSES Count Two, without prejudice; CONCLUDES that Plaintiff has stated a Fourteenth Amendment Due Process claim against Defendants Burton and Wagner based on the allegations set forth in Count Three; CONCLUDES that Plaintiff has stated a Fourteenth Amendment conditions of confinement claim against Defendants Burton, Carter, and Wagner based on the allegations set forth in Count Four; CONCLUDES that Plaintiff has stated a Fourteenth Amendment claim for deliberate indifference to his serious medical needs against Defendant Wagner based on the allegations in Count Five; DISMISSES Count Six, without prejudice; CONCLUDES that Plaintiff has stated a First Amendment claim only against Defendant Powers based on the allegations set forth in Count Seven; (8) DISMISSES Counts Eight and Nine, without prejudice; and DISMISSES Defendants West, Ward, and Canadian County, Oklahoma, without prejudice. IT IS SO ORDERED this 26 th day of March, 2026. 1 In a separate order entered on this same day, the Court is requesting the Pro Bono Committee of the Federal Bar Association recruit an attorney to represent Plaintiff in this case. Case 5:25-cv-01290-J Document 24 Filed 03/26/26 Page 2 of 2
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