Owens v. United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LESLEY T. OWENS, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-25-601-D
)
UNITED STATES OF AMERICA, 	)
et al. 	)
)
Defendants. 	)
ORDER
This matter comes before the Court for review of the Report and Recommendation
[Doc. No. 13] issued by United States Magistrate Judge Shon T. Erwin pursuant to 28
U.S.C. § 636(b)(1)(B). 	Judge Erwin recommends a dismissal without prejudice of this
action based on Plaintiff’s failure to comply with prior Orders directing Plaintiff to timely
effectuate service on Defendants. Id.
Plaintiff has neither filed a timely objection to the Report nor requested additional
time to object. However, the record reflects that Plaintiff effectuated service of a summons
before his deadline to object to the Report expired. [Doc. Nos. 14, 15]. The summons was
directed to and served on a non-party, the Federal Transfer Center in Oklahoma City,
Oklahoma. Id. Thus, such service did not cure the deficiencies outlined in the Report.
Moreover, because Plaintiff did not timely object to the Report, the Court further finds that
Plaintiff has waived review of the issues addressed in the Report. See Moore v. United
States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East 30th St., 73
F.3d 1057, 1060 (10th Cir. 1996).
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2
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc.
No. 13] 	is 	ADOPTED 	in 	its 	entirety. 	This 	action 	is 	DISMISSED 	WITHOUT
PREJUDICE to refiling. A separate judgment of dismissal shall be entered.
IT IS SO ORDERED this 30 th day of April, 2026.
TIMO~b E~I ~~~UNITED STATES DISTRICT JUDGE
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