Opinion
CIV-22-0767-HE
01-26-2023
JERRY RAY ULRICH, III, Plaintiff, v. CHRIS WEST, et al., Defendants.
ORDER
Plaintiff Jerry Ray Ulrich, III, a state prisoner appearing pro se and in forma pauperis filed suit against four Canadian County law enforcement officers alleging they violated his constitutional rights. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Suzanne Mitchell for initial proceedings. Upon initial review of the complaint, Judge Mitchell issued a Report and Recommendation recommending that the complaint be dismissed for failure to state a claim.
The Report advised plaintiff of his right to object on or before December 13, 2022. Plaintiff has filed a letter with the court regarding his mailing of the summons but has not otherwise objected to the Report. Plaintiff has therefore waived his right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #16]. The complaint is DISMISSED without prejudice.
IT IS SO ORDERED.